Advocate-Selvakumar-S RER frank talk on Parking problems in Bangalore

PARKING PROBLEMS IN BANGALORE 

Bangalore is one of the fastest growing cities in India. A large number of people have come and settled down in Bangalore and the influx is going on unchecked. With the increase in population, the number of vehicles plying on the roads also has increased. At present there are about 30 lakhs vehicles in Bangalore which is to go up steeply in the days to come. 

Where can a civic amenity site be earmarked?

There is an acute shortage of parking slots in and around most of the business centres such as in Koramangala, Jayanagar, M.G road, R.T.Nagar, City Market, K.G.Road, Russel Market, Central Bus Stand, Railway Station etc. Popular convents and schools where children of well to do families study also create parking problem during the opening and closing hours of the school. Similarly, popular hospitals, cinema theatres, shopping malls and nursing homes also add up to the problems of parking. The parking problem has in turn brought in traffic jams on the roads leading to wastage of man-hour. 

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It is not that the concerned authorities in Bangalore have become mute spectators of this problem. They are trying their best to ease out traffic congestion and also are trying to provide better road management with good public transport system. The Government shall have to provide new parking slots in commercial areas to solve the parking problem of the city. But, much more needs to be done to find a solution to this problem. 

REFUSAL TO REGISTER THE DOCUMENTS

As a step in this direction, the draft building bye laws, 2008 has been finalized by the Government. According to this, a minimum of 40 parking spaces will be insisted upon for theatres and auditoriums while in star hotels, parking space is insisted on to provide one car parking space for every two rooms plus additional parking space for the visitors parking. In the draft bye laws, there is also a provision for terrace and multi-stage parking. 

There are various other suggestions in the draft bye laws which if implemented may reduce the parking problem at least marginally. It is suggested that multi-level car parking system can be introduced by the BBMP on its lands in CBDs and other intensely populated areas. 

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RER frank talk on bangalore city drainage system

City Drainage System

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The civic authorities awoke from their slumber in 2005 when floods ravaged the city. The remedial steps taken so far to overcome the problem has been found to be inadequate. The city's drains are still clogged and cramped and who knows what it may lead to in times to come. Premonsoon showers have set in to give a glimpse of the likely situation when monsoon arrives. The Bangalore Development Authority (BOA) as made studies in the past which highlighted the fact that Bangalore's stormwater drains' capacity had to be increased considerably and new or remade culverts need to be installed.

In the low-lying areas and the areas near the lakes and drains, residents have begun to take some action to protect their houses with the help of sand sacks and plastic covers. However, the drainage system of the city needs a detailed and scientific planning. For years there has been a talk about remodeling the city drains. But the widespread encroachment of the surrounding areas of drains by the people has made this task an impossible one. Areas like Geddanahalli, Chandra Layout, HSRLayout, Azadnagar and Madiwala have experienced a tremendous growth in real estate activity in the last decade. 

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Apartments and individual houses have been constructed on and near the canals and drains. If the drains are restructured these edifices will have to be pulled down and this could lead to turmoil among the public. It is the general view of the people that there has been collusion between the department officials and the builders in encroachment oflake beds and rajakaluves.

The need of the hour is to increase the capacity of the existing drains by widening them with better interlinking of different drains while the public should be prevented from dumping domestic/industrial garbage and construction material in the exposed drains by imposing heavy fine for such miscreants deeds while at the same time evict the people who have encroached the public property howsoever high he is. 

What is maintenance?

The Bruhat Bangalore Mahanagara Palike (BBMP) also wants stronger measures to be undertaken and are carrying out a survey on encroachment of stormwater drains. BBMP should speed up its action in this regard for better results.

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RER frank talk on Vehicular Pollution in bangalore...

Vehicular pollution

Vehicular pollution is one ofthe modern-day evils that have come along with rapid urbanization, exponential growth in economic development and consumption habits in the whole world, and to lie more specific, in our city of Bangalore. These have caused tremendous increase in road transportation and vehicular traffic. 

Uncontrolled growth of both commercial and residential activities at traffic junctions in the city have given rise to more people being exposed to vehicular emissions. As motor vehicles and population are concentrated within the confines of urban Bangalore, it has given rise to a serious air pollution problem. Emissions are discharged directly into the breathing zone by vehicles creating this problem because of high number of vehicles causing traffic congestion and the amount of pollutants they emit causes several adverse effects. More than 70% of the air pollution in Bangalore is because of automobile exhaust emissions. 

A poor public transport system has led to the rapid growth in vehicles jostling for space on Bangalore's roads. As disposable incomes have increased and there are many innovative hire-purchase schemes offered by financial institutions this has led to the expansion of the automobile business by leaps and bounds. Bangalore has the highest number of two-wheelers which is more than 15 .42Iakh. This has led to many accidents on the City's roads. Perhaps the only advantage in all this ironically, is that the increasing number of vehicles has brought in plenty of revenue for the State in terms of road taxes and cesses.

 Several steps have been taken by various civic authorities to reduce vehicular pollution such as encouraging motorists to switch to LPG from petrol, educating road users on the effects of using adulterated fuel, synchronization of traffic signals and taking action against vehicles that flout pollution norms. The authorities have unfortunately become lax in their check on vehicles particularly government buses and vehicles which emit more pollutants and should be checked more stringently. 

A practical suggestion would be to do something about improving the parking situation by providing more parking lots at commercial and residential areas. As some countries have introduced vertical parking through high-rise parking lots it might be a good idea to introduce high-rise parking lots in Bangalore too. We hope that all citizens will become a part ofthe drive to ride the city of pollution and traffic congestion problems caused by excess vehicles. 

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RER frank talk on Air pollution in bangalore 5 regions...

CONTROL AIR POLLUTION IN BANGALORE 

Air pollution in Bangalore is increasing at an alarming speed in comparison.with the other metropolitan cities. Reasons for this are many. There is a tremendous increase in the strength of population and movement of vehicles for commercial and construction activities. The purchasing power of young technocrats working in IT and  ITES organizations has gone up considerably. It has become the order of  the day that every LT. and ITES employee prefers to have a four wheeler vehicle in addition to a two wheeler vehicle. 

The I. T. MNC organizations as a matter of pride and convenience provide hired or owned CAB and other vehicle services for their staff. The shifting in of the family members of the technocrats and other job seekers who flung into city for employment add up further pressure on the housing, schooling, transport and other civic amenities of Bangalore. Further, Bangalore is most sought after destination for investment in real estate not only by the people who reside within the country but also who reside abroad. Thus, the influx of people to Bangalore is on the steep rise. To cater to the needs of the increased population and organizations a large number of buildings such as malls, commercial complexes, farm houses and residential apartment buildings are mushrooming in and around the city. 

For movement of men and material required for these construction, commercial and other activities, different types of vehicles move on the roads. The daily movement of these vehicles is so high that the existing roads of Bangalore are over crowded and we see slow movement of vehicles and traffic jams in almost all the roads not only during peak and office hours but even at late night hours. With the increase in the strength of vehicles, slow movement of these vehicles on the roads and frequent traffic jams_and cutting of existing deep rooted trees on the road sides for widening of roads, the air pollution has reached an alarming proportion. It has now become an Herculean task to move on the roads of Bangalore and bear the vehicular pollution. 

Though the Government is making an all out effort to redress this civic problem, the achievement of their efforts could be termed as dismal since these problems cannot be solved by the Government alone, but requires involvement of people at large. Therefore, all the concerned authorities and agencies may come together and draw up a master plan for the orderly development of the city, reduce air pollution, increase reenery on the road sides to save the people of the city from health hazards due to air pollution. 

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RER frank talk on Civic Problems in Bangalore

CIVIC PROBLEMS OF BANGALORE 

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The Bangalore City Corporation limit has been extended during the year 2007 to cover the entire urbanizable area of the CDP 2015. All the seven municipal areas and one town municipal area in Kengeri are brought under the City Corporation, now called as the "Bruhat Bangalore Mahanagara Palike" [BBMP]. With this expansion, the responsibility of BBMP and other civic authorities has increased manifold. Similarly, the problems and grievances of the people also have gone up. To earn name and fame these civic bodies have to tackle these problems in a scientific way with much speed. 

The problems generally faced by the city dwellers which are frequently debated in press and electronic media would mainly concern the traffic congestion, slow vehicular movement, higher lane! and rental value and. inadequate infrastructure in the city in comparison with the facilities available in the neighbouring States. It is no doubt that the BBMP and other civic authorities are striving hard to tackle these problems to the extent possible within the available means of resources, but not very successfully. This should not deter them from continuing their actions. 

There is another problem if not tackled well in time may reach an alarming proposition. The problem concerns providing of adequate potable water to the people. Today's water requirement in the city is several times more than what it was a few years ago and this would go up further in the days to come. 

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The cause for higher consumption of water in the city could be due to the high influx of people in search of employment, business and profession for permanent settlement in Bangalore, increase in construction activities in and around Bangalore, depletion of underground water, scant rain fall due to uprooting of old and deep rooted trees for expansion of roads and for construction of buildings, drying of existing lakes, preventing seepage of rain water to water beds due to tarring/cementing of roads. 

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Since the problem concerning water scarcity cannot be tackled through short term planning, the need to formulate a long term and ever lasting solution is necessary. Therefore, the concerned authorities of Government and their civic bodies such as BBMP, BWSSB, Horticultural Department etc., in co-ordination with each other, may chalk out a comprehensive water supply plan well in advance so that the Bangaloreans may not face any potable water scarcity in the days to come. 

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RER frank talk on Bangalore International Airport...

Bangalore International Airport

The Bangalore International Airport at Devenahalli is scheduled to be made functional in April 2008 and the concerned authorities are confident of meeting the dead line. Development and completion of the airport is not the end in itself. The airport should have proper and useable connectivity from the Bangalore City. Lest, the airport would be an ornamental one. 

With the available infrastructural facilities in Bangalore, one may ask 'how long will it take to reach the airport from the heart of the city'. It is hoped that on a busy office day, it could take two hours from Electronic city and from other end of the town it could be over three hours. The next question would be whether one could certainly reach the new air port on schedule if he maintains this time frame. The answer could be uncertain since there is unmanageable vehicular traffic on the roads of Bangalore and there are several crossings and signal stoppages. 

The existing Bellary Road from Bangalore to Devanahalli and beyond is being converted into a six line passage. Work is progressing in stretches. On an analysis of the speed at which road works at different places  leading to Devanahalli Airport are progressing and the fact that the  proposal of providing mono rail facility from city to International  Airport is still at the initial stage, it would be wise and sensible if the  existing Bangalore Airport near HAL is put to use till the road or  rail connectivity to Devanahalli Airport is complete in all respects.  

Government in power may not hurry up in the matter since any  hurried decision would put the people into unforeseen difficulties as  has been experienced by them due to failure of the BBMP to provide underpass near Cauvery theatre within 72 hours as proudly  announced by them. Lest, the complaints of air passengers missing  their flights from Bangalore would be heard very frequently.  

As far as handling the air traffic is concerned, it is proposed that the  airport will handle five million passengers per annum initially and  later on the capacity would be increased to forty million  passengers per annum. 

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What is Bangalore Metropolitan Regional Development Authority (B.M.R.D.A.)?

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What is happening in bangalore 5 regoins... RER frank talk

Is it "Sakrama" or "Akrama "? 

Building bye-laws, rules and regulations for town planning and land use are legislated for better utilization of the available land for the orderly growth of the society. Then, why do people violate the building bye-laws and regulations? 
The general answer to this is that adherence of these regulations would reduce the built up area considerably than required even for a reasonable family requirement and to own bigger plots is beyond the reach of middle and poor people in view of high cost of land in towns and cities even at the rates fixed as the guide line value by the Government. 

What is the remedy? 
The remedy could be creation of an atmosphere of supply of house and house sites being more than the demand. To achieve this, the Government should speedily construct sufficient number of quality houses with all civic amenities and sell them to the poor and needy at affordable prices and also have sufficient house sites for allotment and thereupon to strictly enforce the building bye-laws and land use and levy hefty fines for violators of building bye-la ws and punish severely the abettors of such violations. 

The recent notification of the Government of Karnataka for one time regularization of violation of building bye-laws and land use under the caption of 'Sakrarna' upon payment of fine by violators would not set right the violation of the bye-laws and the land use so long as these 1<:)1,\/5 remain unamended. Impliedly, the Government is in agreement to permit violations of the bye-laws and the land use to the extent covered under Sakrama in respect of the land and buildings in existence upon receipt of fine. But, the rates fixed for regularization of such violations are deterrent in nature and prima facie looks to be unfair. 

For example, for regularization of violation of set backs, FAR and land use of a site measuring 30 feet x 40 feet, a person has to pay fine of roughly Rs.3,OO,OOO - which is the amount equivalent to the expenditure the said person would have incurred on the purchase of site and on the construction thereon about a decade back. Instead of punishing their staff for the failure to take timely action for violations of building byelaws and land use, the Government has come up with the Sakrama proposal for regularization of violations with a hefty fine. 

The Government should reconsider the matter and revise the rates of fine to make it to be fair and within the each of the people while at the same time, it should come out with a comprehensive amendment to the building bye-laws and the laws dealing with the change of land use after carefully and scientifically analyzing the ground realities by a committee consisting of experts in the field.

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Selvakumar-S-Advocate " Real Estate Reporter " Frank talk on 'No Short-cut method lor recovery 01 bank loans' 

           Due to severe competition amongst banks, the new generation banks have been very liberal in advancing monies to their customers and have been introducing new incentives and techniques at short intervals to lure the intending borrowers. In many cases they fail to observe compliance of the normal practice and procedure to safeguard the interest of the banks. The resultant effect of this is that the bad and doubtful debts of these banks are mounting up considerably. 

           To bring down such bad and doubtful debts, some of these new generation banks are utilizing the services of 
musclemen as their recovery agents who adopt uncivilized methods to recover loans and threaten the borrowers with dire consequences upon the failure of the borrower to repay the money borrowed from the bank. The Reserve Bank of India time and again has been issuing instructions against adopting such unethical and uncivilized methods for recovery of loans, but these instructions appear to have no impact on the commercial banks. 

           In one of the recent cases, the Delhi State Consumer Disputes Redressal Commission has imposed a fine of 
Rs.55 lakhs on the ICICI bank for use of Goons to recover loans from a customer. Deploring the practice of the banks intimidating consumers to pay the installments by using the services of goons, the Commission observed that no civilized society governed by the rule oflaw can brook such a kind of conduct and held that the ICICI bank is guilty of an 'unfair trade practice'. 

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           The Union Government and the Reserve Bank of India should take the observations of the Commission as an eye opener and strictly monitor the lending activities of commercial banks and penalize severely the banks who adopt uncivilized methods for recovery of loans.

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property advocate selvakumar : RER frank talk on Failure of BBMP at 2006

Failure of B.B.M.P. 

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To improve and co-ordinate the infrastructure development for road and transportation net work, water supply and under ground drainage, solid waster management, upgrade quality of urban civic services, strengthen administrative capacity to ensure better enforcement of various rules/regulations and for better co-ordination in service delivery, the Government of Karnataka has constituted the Bruhat Bangalore Mahanagara Palike vide notification dated 2. 11.2006. By virtue of this and the later notifications of the Government seven City Municipal Councils, one Town Municipal Council and 111 villages across Bangalore have been merged with the Bangalore Mahanagara Palike, After this merger, the area under BBMP would go up by 200%. 

It is now almost one year since the November 2006 notification is published. Even a cursory analysis of the progress and development of work of BBMP would go to show that the BBMP has miserably failed to achieve the objectives of creation of Greater Bangalore Municipal Body. 

The roads and other infrastructure of old Bangalore Nagara Palike remains to be as worse as before the formation of BBMP. Till now the required manpower and other basic facilities for administration of the Greater Bangalore Municipal Body are not provided. The green cover for Greater Bangalore is still in the planning stage. No satisfactory progress regarding protection and conservation of parks, lanes and tanks in the city is seen for which funds are provided under Jawaharlal Nehru Urban Renewal Mission Fund. 

The newly added area ofBBMP even today looks like interior villages having no smell of city development. It is shame to call such village like area as part ofBBMP. No road net work to these newly added town and village municipalities is forth coming. However, taking advantage of the notification of greater Bangalore, many of the real estate agents are befooling the innocent purchasers and marketing the agricultural lands at exorbitant prices. Not only this, the innocent purchasers are put to untold miseries as the lands so purchased cannot be registered in their names due to Government restrictions. Further, in the absence of Khata transfer in the name the purchaser, the purchaser would fail to get housing loan from the banks. 

In short, excepting demanding and collecting higher property tax from the land owners, no facility whatsoever has been provided by the BBMP to its citizens. At least now the concerned authorities should seriously strive to achieve the objects of creation of Bruhat Bangalore Mahanagara Palike.

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Location of the property is the first and the foremost priority while investing in real estate. Then, which are the second and third priorities? It is again, location, which is the basic concept in property investment. Selecting a property situated at a convenient and suitable location will result in appreciation of its value and this in turn satisfies you, for having invested in such a property. Continue reading on web http://advocateselvakumar.com/legal_topic.php?id=8

selvakumaradvocate : RER frank talk on Illegal Constructions

REGULARIZATION OF ILLEGAL CONSTRUCTION 

           The Government has announced its scheme to regularize buildings which have violated byelaws and sites on illegal layouts. This idea of paying penalty to convert illegal buildings into legal ones is almost like a scheme for paying penalty and making black money into white money. In Bangalore the percentage of illegal constructions is very high. Why is this? It is because the cost of land is very high. Middle-class people cannot afford to buy even a 30 x 40 site. The cost of sites is excessive and they want to construct luxurious residences on small sites. Hence they are deviating fully from the byelaws. 

           The Government is not forming sufficient layouts for the people, therefore the demand for sites is increasing. Deviation from the building byelaws has begun to adversely affect the environment. People are constructing buildings without proper light and ventilation for themselves and also for their neighbors. 

           The Karnataka Town & Country Planning Act, 1961 has been amended for the purpose of prosecuting those promoters who violate its provisions. This was not used by the authorities to control the development according to zoning regulations. Many years ago the government had passed a bill for regularizing violations by levying fine. Then Governor had returned the Bill. 

           The government has now successfully made this effort again and these rules will be applied with effect from 15.9.2007. Violations up to 50% in residential buildings and 25 % in commercial buildings may be regularized by the City Corporation or the concerned urban local body. unauthorized site/sites in lands which are not converted under the Land Revenue Act etc will be regularized under these rules. 

           The Government has fixed 90 days time for paying the penalty, after which it may extend the date for generating more income or at the public request it may extend the time. After that it will scrutinize the applications received from the public. We have to wait and see what procedure it will adopt to regularize the buildings. There is a chance that those living in fear of having their buildings demolished may get them regularized. The Government is not supposed to make the announcement of this scheme again. This method is not a healthy sign for environmental concerns. It is the duty of the Government to instruct its engineers to monitor 

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