The Hindu : Karnataka / Bangalore News : Petition on building law violations admitted

Online edition of India's National Newspaper
Wednesday, Jan 25, 2006

Karnataka

Karnataka - Bangalore

Petition on building law violations admitted

Staff Reporter

Residents' association says buildings meant for residential use are being put to commercial use `Residential buildings put to commercial use'

BANGALORE: After Koramangala, it is now the turn of the residents of Sadashivanagar to move the Karnataka High Court seeking a direction to the authorities to survey the area for violation of building norms and illegal change in land use.

The court admitted a public interest litigation (PIL) petition on the change in use of residential property to commercial and adjourned further hearing of the case to February 28.

The petitioner, Sadashivanagar Residents Welfare Association of Bangalore, represented by its secretary said buildings meant for residential use were being put to commercial use. Yet, the authorities, including the State Government, had not taken any action.

The association said it had been formed with the aim of promoting orderly growth of Sadashivanagar, Rajamahal Vilas Extension, Upper Palace Orchards and the areas to the south of T. Chowdiah Road from Cauvery cinema traffic light junction to Bashyam Circle.

It said there was alarming development though most of the area was reserved as residential under the comprehensive development plan (CDP). The provisions of the Karnataka Town and Country Planning Act are being violated. The unchecked development had led to increase in traffic on the arterial roads such as T. Chowdiah Road, Bellary Road, C.V. Raman Road and areas around Mekhri Circle, resulting in air and noise pollution. The association said though several representations had been given, the authorities had failed to act. A Division Bench comprising Chief Justice Cyriac Joseph and Justice S. Abdul Nazeer adjourned further hearing on the petition.

Quashed

In a judgment of far-reaching consequences, Justice Gopala Gowda on Tuesday said that if an area or land is earmarked in the Comprehensive Development Plan for residential or any other specific purpose, neither the Karnataka Industrial Area Development Board (KIADB) or any other authority can make use of such areas/lands for any other purpose. Justice Gowda allowed petitions by landowners of Mahadevapura village in K.R. Puram, Bangalore South taluk, challenging January 27, 2004 order under Section 3 (1) of KIADB Act, 1966 declaring and acquiring their lands for industrial purposes.

Pointing to the sanctity of the CDP, Justice Gowda said it is a comprehensive and elaborate document arrived at after the outline development plan is formulated. The very purpose of the CDP will be defeated if such arbitrary change is allowed.

If such areas are to be used differently, the CDP will have to be revised. This apart, conversion of lands is a must under the provisions of the Karnataka Land Revenue Act. Without conversion as per the law, agricultural lands cannot be used for other purposes. Moreover, the Government cannot acquire the lands for a company without coming up with a proper scheme. Justice Gowda allowed the petition and quashed the notification (acquiring the land already notified for a purpose under the CDP).

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