Better Bengaluru: Commercialisation of residential areas

October 10, 2015 01:33 pm | Updated September 12, 2016 01:55 pm IST

Chat with urban crusader Nitin Sheshadri, our reporters Aditya Bharadwaja and Mohit M. Rao, on the commercialisation of residential areas.

The Hindu: Hello and welcome everyone.

Regina Gurung Rampant commercialization is taking place in residential areas over the past few years. What is the percentage of growth and why do you think it is growing so much?

The Hindu Better Bengaluru aims to create lasting improvements and celebrate those who are championing civic change, helping the conservation of heritage or those less privileged.

K V Aditya Bharadwaj We will start the chat as soon as Nithin Sheshadri joins. He will join the live web chat in a few minutes.

The Hindu Today, Nitin Sheshadri joins us for a webchat in which he will answer questions and voice his opinions on how citizens can play a greater role in urban planning in our city.

Mohit M. Rao @Regina: The most recent analysis of data about the growth of the city comes from the 2011 census, which was included in the BBMP restructuring report. This shows that the growth in the core-centres, CBD and many "older" areas within the Outer Ring Road is stagnating. Even Chikpete and the old market areas are seeing negative growth. However, areas outside the Ring Road are seeing phenomenal growth. in some places even 250 per cent population.

In essence, what could be happening is that while residents move out (Malleswaram, Basavanagudi and Jayanagar) move towards quieter areas, commercial developers have swooped in due to the infrastructure and access already existing in these areas.

The Hindu Core areas in Bengaluru see population decline

Mohit M. Rao The city’s population grew by a staggering 44.58 per cent over the last decade (2001–11), powered by the unprecedented suburban growth. In contrast, an analysis of the 2001 and 2011 Census data for the city, throws up

Shankar are there any rules which regulate hotels/bars or offices from opening up in residential areas?

K V Aditya Bharadwaj Yes. There are regulations on commercial establishments in residential areas.

nitink3b @aditya. Yes there are. The Challenge is to get establishments to follow the law !!

Shankar Can you elaborate?

chitra.arien Welcome, @Nitin!

nitink3b @shankar. Yes, commercialization in residential areas is not allowed at all in roads which are 40 ft in width and less in Ring 1 and 2 of the CDP. For roads above 40 ft in width 20 % ancillary usage is allowed

nitink3b @Chitra. Thanks. Lively discussion !

Regina Gurung I wonder if commercialization spurs the growth or causes displacement (like I understood from the previous question). Commercialization comes under urban planning and do urban people get repelled by it?

K V Aditya Bharadwaj The BDA master plan has extensive land use and zoning regulations which divides the city into various zones and each zone has specific guidelines. The recent controversy on mixed zoning and BDA allowing commercial activities in roads of 40 feet and more led to a PIL in the High Court, which the civil society won recently.

nitink3b @Shankar: Even in the 20 % ancillary usage there is a pre defined set of usages allowed. No restaurants etc

nitink3b @aditya: Yes as a part of that PIL I know !!

nitink3b @Ring 1 and Ring 2 and Ring 3 can be visualized as concentric circles starting from the Centre. Ring 1 is the Central Business District (MG Road KG Road etc). Ring 2 is the conventional Bangalore. Ring 3 is new layouts

Shankar Don't you think this rule is being broken everywhere in the city? What seems to be the government's stance on this

K V Aditya Bharadwaj Commercialisation of residential areas has raised many concerns including over-crowding, parking issues and disturbance.

nitink3b @Regina: The reason for commercialization is that people get more money !! Simple. Commercial rents are higher than residential rents. Also for the renter, there is an advantage. Rents for commercial spaces in Commercial areas higher so easier to rent in residential areas

K V Aditya Bharadwaj some of the most affected areas are Koramangala, HSR layout where not just restaurants, even start ups and private firms which employs a considerable number of people have set up offices.

nitink3b @Aditya: Yes. Parking, crime, traffic. Concerns are many. Including loss of quality of life and tranquility in the residential areas

nitink3b @Shankar: Yes it is broken everywhere. We are fighting here in Koramangala. Defence Colony and other areas of Indiranagar also started

Mohit M. Rao As an addendum to shankar's question: Who is to keep a tab on those erring on these regulations? There are 16 lakh properties in BBMP limits. Who is to check if one of these have been illegally converted?

Shankar How much luck have you had so far with your fight? Do you think people are really interested in fighting? I see so many people complaining but I wanted to know if there are enough people fighting?

nitink3b @Mohit: There is no substitute for civil society. Finally BBMP is hand in glove. We need to stay alert. Forget old cases. High Court has banned new commercial licenses from 25th Jan 2012. That is what we are fighting

nitink3b @Mohit: Old stuff will be impossible to do. Will lead to a schism and violent protests. Stop what is new (25th Jan 2012 onwards). At least some improvement will follow

nitink3b @Shankar: Reasonable. A few places have already shut shop after getting BBMP health department notices. For the hard nuts, we are fighting for the seals to be put on the buildings. And a few harder nuts (like the particular gentleman who I alluded to) have gone to courrt

K V Aditya Bharadwaj @nitin: the legal victory pertained to 2015 RMP. but BDA is going ahead with the RMP 2031 inspite of much opposition. BDA commissioner T Sham Bhatt had recently commented that high court order on the PIL was not binding for RMP 2031. how to prevent BDA to go ahead with this?

hemalatha L With time everything changes, so it is not surprising that residential areas are being commercialised. But Mr. Sheshadri can't rules be simplified and can't the civic agencies do something to ensure that building bylaws are not violated, and all people with properties pay tax? There are so many rules and regulations, what I want to know is cant the civic society come up with some solution to address these problems and present it to the government? As an urban crusader, what are your thoughts on this?

nitink3b @Aditya: Yes Sham Bhat is technically correct. However, a group of us are already in touch with BDA. I don;t think there is any appetite for a massive legal fight again. I think they will be quite happy to have same regulations rolled over in CDP 2031. BUT devil will be in the details. You are right. We have to stay vigilant

nitink3b @Hemalatha: I am not sure I am a crusader !! Having said that the rules are quite clear, Quite often, sad to say, lawyers and others deliberately misguide building owners and tell them they will ädjust" or "fix" the BBMP engineers. Rules are in black and white and will be happy to elaborate

dharmendra Sir, what is stopping BBMP from removing restaurants and shops from residential areas?

chitra.arien Would you say that the BBMP engineers are simply turning a blind eye to these issues?

Shankar besides fighting legal battles, do you think it would be a good idea for civic society to petition or boycott the establishments which operate in residential areas? hold a protest nearby or convince people not to go to these places, do you know if this has been tried before?

nitink3b @everyone: Ancillary usage in Ring 1 and 2 means 50 sq metres or 20 % whichever is less only !! Anything above that is illegal. Also set of usages restricted. Parking provision mandatory ! Any new buildings coming up in violation, please write to your zone Health Officer BBMP asking them to take action under Section 505 of Karnataka Municipal Corporations Act

K V Aditya Bharadwaj @nitin: BDA was left red faced with stormy public consultations with RMP 2015, but is still going ahead with the RMP as Royal Haskoning continues to work on it. We are yet to have a meeting of MPC which is tasked with the planning. Is a legal fight the only way ahead to tackle BDA going ahead with CDP 2031.

Mohit M. Rao Does it seem like the rules exist, but the implementation is the major issue? In the sense that, like with most inspection-relation duties, inherent corruption is the derailing factor. Is there a thought on introducing vigilance mechanisms or an overseeing structure to check on these violations?

nitink3b @Dharmendra: Your guess and intuition is as good as mine sir ! An envelope or two with the right contents goes a long way with the BBMP it appears !!

Pant Pradhan is there any city in India that has a good plan for shops, hourses, multiplexes and industries?

Regina Gurung So last time when I was working on a small story, I came across 17 residents of VMK meadows housing complex in Kaggadasapura. They had come to Byapanahalli police station to complain against their ground floor resident who had cut the lintel beam of the building to build a shutter for his house. He wants to open a provisional store in the residential building and everybody is against. Neither the BBMP engineers nor the police has taken any action. What role can media play?

nitink3b @Mohit: Yes. They rely on fact that most citizens are ignorant of laws. Those that are not are apathetic when it comes to fighting for their rights. It makes me mad to see people meekly selling their homes and going away because of a nuisance from a neighbouring commercial establishment. If you can't fight for your house what will you fight for ??

nitink3b @Regina: This case should be highlighted to the media and to the BBMP. Both have a role to play. Media highlighting the issue will get BBMP to act also

nitink3b @Pant: Bangalore original CDP concepts good. Deliberate attempts by builder lobby to scuttle good proposals. Builders sit with coloured pencils in TPM office in BDA when CDP is made and change land use of areas as they please !! Actually true !

nitink3b @Aditya: Yes, consultation was a fiasco. But there are a number of groups quietly working with BDA even now to shape the CDP . Citizens will also have a chance when Draft CDP is published

Vijetha S.N How are you supposed to fight for your home, if I have a small house which I have spent a lifetime trying to build and a big mall comes up next to it, with attendent nuisances like traffic...how can I, a common citizen fight this?

nitink3b @Shankar: Boycott very difficult to enforce. What if premises given to bank ? Are you going to tell bank account holders to avoid going to their own bank ?

Mohit M. Rao BDA frames the rules. BBMP is supposed to monitor this. In the middle, we have BWSSB and Bescom handing out certificates to these violators. Wouldn't it be easier to have one single agency for urban planning?

Julian if a commercial establishment tries to enter a residential neighbourhood, who should residents complain to?

hemalatha L There's a school near Krishna Rao Park that runs classes for children in the day and in the evening it is a kalyan mantap where people get married, and party!! There is a temple on Kanakapura Road that wants to rent out a portion of the temple to bank ATM!! Past few months the temple authorities are trying to find a tenant, but have failed.What is BBMP doing? My concern is about trade licence and related issues. What kind of trade licence does that school and the temple have taken from BBMP? does anybody know? Here's the issue of commercialisation of all properties-- total confusion

nitink3b @Vijetha: The mall cannot come up if you are in a residential zone. First step RTI the sanctioned plan. Second contact BBMP Health Department in your zone and ask them to issue notice under Section 505 of KMC Act. Third follow up with RTI on what action is taken. If no action is taken, then escalate in media and then eventually in court.

K V Aditya Bharadwaj @nitin: while we fight the commercialisation of residential areas, violation of building norms by residential complexes are also leading to overcrowding of areas. For instance I have come across a 7 floor residential building with 9 houses in a narrow bylane off Nandidurg Road. The colony is overcrowded with all associated problems. How to counter this?

nitink3b @hemalatha: School does not need trade license. Neither does Temple !!

Minhaas There are certain laws which govern the town planning of the city, which are being blatantly ignored by the civic agencies. Each time a officer ignores these rules , a commercial complex comes out of nowhere. There are also many loop holes in these laws which has to be taken care of first. How do you think they can plug loop holes and enforce them them rightly so that the city doesn't grow in haphazard way in the future?

Regina Gurung @nitin I have written the article for my in-house publication. But I think it is hardly read. The case is stagnant though i talked to the sub-inspector who was in charge of this to take action.

nitink3b @hemalatha: Concentrate on blocking new tenants, new buildings and new usages. If someone is there for years and is entrenched, it will be close to impossible. Also recent HC ruling does not apply

nitink3b @Regina: Well you have the Hindu standing by !!

Balaji commercialisation is rampant in core areas. what is the solution now? can nothing be done to restore the past glory of areas like malleswaram?

Shankar A bank might be tough, but banks are not trouble makers, we can atleast start with hotels. My point was, for those who do not know the legal steps, this could be a way to be heard. Also, would you or your group have a general checklist of approaches to take when faced with an office in a residential location?

nitink3b @Minhaas: All laws exist. Not many loopholes. They rely on citizens apathy and ignorance !!

Jeevan Is planning better in the newer areas? would it be better for people in core areas to shift to newly developed areas?

hemalatha L may be, but they are using the space for commercial activities!! and BBMP is not getting anything out of it

nitink3b @Shankar: Yes. But many customers in a hotel are not local residents. Take the example of the Breakfast Club, a restaurant in Koramangala promoted by the son of the leading citizen I mentioned. People come from Jayanagar and Indiranagar. How to organize a boycott ?

nitink3b @hemalatha: Yes, that is a valid point. Have you written to BBMP on this ?

nitink3b @Jeevan: Worse in outlying areas. There it is a virtual jungle. No luck !

Shankar The way i meant it was, local residents standing outside or near the restaurant and talking to people, telling them the issues, i think it will work, wanted to know if you think it would as well

Mohit M. Rao Is there a sense that once a violation comes up - say, commercial complex - it is like a line that cannot be undone. Builders know that under "humanitarian" reasons, large complexes cannot be razed? Might as well build quickly, and wait for something like akrama sakrama for this.

nitink3b @balaji; Well when we started in Koramangala 3rd Block, people told us we had no chance. Today no new guys want to come near our block for commercialization. Because we have a reputation that we will fight. Even in the infamous restaurant case we cited, we have gone to court

chitra.arien Commercialisation brings with it associated problems of pollution, overcrowding and parking issues. How can these be tackled?

nitink3b @shankar: How to get people to come everyday ? Yes in concept good. But difficult to implement by

nitink3b @Chitra: By tackling the root only. Pollution., overcrowding and parking issues are all corollaries of commercialization. Crime is also a serious issue with a number of strangers hanging around all day

nitink3b @mohit: There is a building that was just razed to the ground in our block under construction. Humanitarian applies only for residences. No court will hold humanitarian grounds for a commercial structure

Vijetha S.N Yes, a few shops on a leafy quite road gives rise to strange people hanging around your house alll day, free to see your activities and plan crimes.

nitink3b @Vijetha: Yes, and its not theoretical either. Know of a couple of direct cases!

K V Aditya Bharadwaj @nitin: transient and floating population has turned a norm in most parts of the city. can we only blame commercialisation for it?

Balaji So is taking the legal route the only way? That itself is a big deterrent, wouldn't you say?

nitink3b @Shankar: Hotels and Bars cant come up any more in Residential zoned areas. They can come up only in Commercial zoning areas.

Indiranagar Hi Nitin, how do you suggest citizens/residents fight commercialization of residential areas? The authorities seem to be turning a blind eye despite the high court order. Areas like Indiranagar and Koramangala are really affected by rampant commercialization.

nitink3b @Balaji: Well depends. Some will opt to shut as soon as they get first BBMP notice. Some will wait for second notice and sealing. The hard nuts will fight. So many tell us "I am related to ,,,,,"and expect us to be impressed. We show a total lack of respect for their big connections

Regina Gurung @nitin that's great to know! The residents were expecting me to do something about the issue and I did the best I could as a trainee- journalist. It would be great if Hindu could take this small case to magnify the larger issue.

hemalatha L I understand that trade licence is not needed for a temple or a school-- my point was that when you talk of commercialisation of residential areas, let me point out that the school cum kalyan mantap I am talking about is in residential area, once upon a time it was a huge ancient house, and the temple-- though on the main road has houses behind it. All issues connected to properties in BBMP limits are interconnected.

nitink3b @Regina: Shout it out from the rooftops. But expect some small harrassment. The big man I was referring to tried to personally target a few of us by demanding that BBMP check our houses for violations !!

nitink3b @hemalatha: When did this Kalyana Mantapa come up ?

Mohit M. Rao @Regina: You could write to us about the issue at reporters.thehindu@gmail.com

chitra.arien while we fight the commercialisation of residential areas, violation of building norms by residential complexes are also leading to overcrowding of areas. For instance, a 7 floor residential building with 9 houses in a narrow bylane off Nandidurg Road. The colony is overcrowded with all associated problems. How can citizens counter such issues?

nitink3b @Indiranagar: Only way is persistence. Keep demanding action. Visit and put pressure. Lok Ayuktha is a good option too to compel action in case BBMP drags feet. I suggest that Upa Lokayuktha Justice Adi be contacted. He has helped citizens in causes like this several times. One alternative to a legal fight

nitink3b @Chitra: Now that is an entirely different and sensitive issue. Problem is court does not distinguish between a small violation and a large one. If your house is an inch out of spec you are in the same category as a multi floor violator. Sounds ridiculous. But true

Indiranagar @Nitin: Thanks Sir. More power to citizens like you. You inspire many.

Mohit M. Rao Is there a concerted effort to rope in Resident Welfare Associations to keep a tab on their area? Wouldn't that be a better way of grouping citizens for action?

Hemalatha L: The school must be 8-10 years old. it has an auditorium which is rented out for weddings and such other functions, and the school ground and classrooms are are also used for related activities such as feeding the guests. They cut down a huge tree that was right in front of their building to make parking space.

Indiranagar @TheHindu A request to you to visit hard core residential areas of Indiranagar and Koramangala and report the rampant commercialization. Kindly pay more attention to it, the quality of life is really hit because of this. Thanks.

nitink3b @Indiranagar: Thanks . You guys also fight in Indiranagar. We need more like you !

Regina Gurung @Nitin yes news is something that someone somewhere does not want it out. I am aware of the consequence as the fellow accused in my story, have threatened the residents of local goons. And thank you so much. I will mail the copy.

Indiranagar Sometimes RWAs hesitate in fear of offending people and getting into their bad books and people fear fighting solo.

nitink3b @Mohit : No concerted effort alas. Many RWAs in deep slumber on this issue.

Indiranagar Are there larger umbrella organization for citizens to fight this together?

nitink3b @Indiranagar: As I said if we find commercial establishments coming up all over then its goodbye to residential living. Of what use is an RWA then ? You can't have an RWA with no residents !! Those who want to avoid antagonizing are not correctg.

Shankar can we have a checklist or a steps to take document from anyone here with knowledge which can be shared so that residents know the steps they can take against this happenening?

nitink3b @Indiranagar: Well there are associations of RWAs like Citizens Action Forum or BRACE. But ultimately why should outsiders come and fight your problems ? You have to do the heavy lifting !!

Mohit M. Rao Then wouldn't just hoping for people to step up on their own be a low-productive strategy? Especially, when it comes to taking things to court, there seem to be a handful of activists in the city who will do it with the required dedication.

nitink3b @Shankar: First step. Please RTI the sanctioned plan for the site Step 2: Please write to Medical Officer or Health Officer of concerned zone to issue notice U/S 505 of KMC Act. Step 3: Follow up with an RTI in a week asking for a copy of the notice. That is stage 1

nitink3b @mohit: We can take a global issue to court. We did and got the court to change the CDP and Govt agreed. But when a particular person , and why fight shy of naming names -- its in the Public domain. When Mr Mohandas Pai for example encourages violation of the law in a business part owned by his son and then pressurizes BBMP using his contacts to regularize it, then that becomes an individual case that has to be fought separately in court

Regina Gurung @Hemalatha I would really like to write on the issue you are talking about. I will try and visit tomorrow. It would be great if you could give me the exact address. I would also like to speak to you about this.

Rishab where can one find details like which area is commercial and which is residential?

nitink3b @Rishab: RMP 2015 and its zoning maps are available in BDA and a copy can be obtained for your area through RTI. Any big architect firm will have RMP 2015 in its entirety in their offices.

nitink3b Colour coding maps show clearly the zoning regulations.

Mohit M. Rao Among the fights you have taken up is the commercial SEZ in Belandur wetlands. Here, you and others have taken the issue to the National Green Tribunal, where the battle is still on. How has the process been so far? And, do you think this is the right way to go about - that is, get a bunch of organisations to ensure the stress of the fight is evenly spread out.

nitink3b @Shankar: Stage 2 is to keep writing letters, meeting Health Department officials and then escalate all the way until sealing the establishment. And then comes the legal fight because they may go to court and get a stay !

Vijetha S.N There is also the problem of goons and the land mafia..those without any connections are bound to be scared and often do not do anything...a platfrom to help such people must be made by activists who claim to want to help.

nitink3b @Mohit: Good so far. NGT has assessed fines totalling Rs.140 crores on the builders. We are fighting for the preservation of Bellandur lake -- that is what is at stake here !

nitink3b @Vijetha: Form a platform . RWAs etc. Once you have a platform you have a voice. Please meet your local MLA and MP frequently. Let them know that you have a voice (and votes !!). The mafia will soon know that too and they will lay off taking you on personally !

Shankar Are you saying it is not happening?

nitink3b @Vijetha: Be engaged !! Not just in fighting. For instance, we all have parks nearby and playgrounds etc. BBMP does "development work". Why not work with Govt to have the development done the way citizens want. The first verdict was a big one, in terms of conservation. And this has been challenged in the SC, where another lengthy battle awaits.

Mohit M. Rao The petitioners had voiced concern about rajakaluves, encroachment of wetlands. The court, however, saw it as a violation of environmental clearance, where work started before EC was approved. Do you fear, eventually, that the builders will only get a fine and be let off?

Balaji Congestion to me is the biggest negative outcome of this process...while we fight for a systemic change is there any way of finding immediate relief?

nitink3b @mohit: I am hopeful we will prevail. We will fight all the way through into the Supreme Court if need be.

nitink3b @balaji: Well we in Koramangala 3rd Block have with permission from traffic police put up traffic calming barricades on all residential roads (traffic has to swerve to avoid like a naka post)

nitink3b @Balaji: But ultimately the root of the problem is commercialization !

Shankar Thank you Nitin and friends from media. Very informative session. I shall share that checklist with all.

nitink3b @shankar: Thank you for participating !

The Hindu Thank you everyone. We'll be ending the session now. Thank you Nitin for participating. :)

Regina Gurung Thank you so much. It was very enlightening and helpful. I will mail you the copy with recent updates. Thank you.

chitra.arien Thanks for the wonderful chat session!

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