(Advocates, Property advocates in Bangalore, Property lawyers in Bangalore)
Civic
amenities are those facilities required in localities like schools and
colleges, market, post office, police station, parks and play grounds,
dispensary, hospital, area offices of the Water Supply and Sewerage Board, Electricity
Authority, Telephone Department, bus terminal, religious buildings, community
hall, club, etc.
Civic
amenity sites are reserved in the extensions formed by the Development
Authority or enforced by the Authority in approved private layouts.Civic
amenities are provided by the civic authorities, Government departments, registered
charitable trusts etc.
In the new
layouts the Development Authority reserves civic amenity sites (C.A. sites) for
various facilities. After formation of roads, utilities services in an
extension layout, civic amenity sites not required by the Authority are
notified for allotment to Government departments, agencies, and registered
trusts and institutions.
Earlier when
the demand was less, as and when applications were received, C.A. sites were allotted by the Authority.Later, when the demand for C.A. sites increased
there was competition.Rules were here- fore framed and approved by Government
called"The Bangalore Development Authority (Allotment of Civic Amenity
Sites) Rules, 1989.
Civic
amenity Sites required in area depends on the activities in that area. For
residential areas, C.A. sites required are; nursery schools, primary schools,
secondary schools, hostels, market, parks and play grounds, post office, police
station, bank, Office of the Water Supply and Sewerage Board K.P.T.C.L. and
Telephone Department offices, club, library, dispensary and maternity home, petrol
bunk, offices of professionals, etc. The civic amenities are included as
permissible uses in the Zoning Regulations of C.D.P. and Building Byelaws under
the various land use zones.
The civic
amenities required for a commercial zone are banks, transport offices, trading
establishments, restaurants, post office, police station, and petrol bunk.In an
industrial zone civic amenities required in addition to those in commercial
zone are industrial training institute, job training institute, E.S.I.
dispensary, automobile service station, play grounds, parks, recreational club,
etc.
For public use zone civic amenities required are post office, police station, restaurants,
Auditorium, training center, play grounds, and clubs.In Major
Park and playground zone, the amenities required are restaurant, club, library,
fruits and beverages shops,Hopcoms, books and magazines shops, and dispensary.
Standards for civic amenities:
The Urban
Development Ministry in their Guide lines have indicated the following
standards for civic amenities: The standards for polytechnic, college, and
hospital are high and may have to be reduced. While planning the layout these
standards are to be followed by B.D.A., housing societies, and agencies.
The Zoning
Regulations of the C.D.P. of Bangalore prescribes 10% of the layout area for
civic amenities and 15% for parks and playgrounds. These percentages are
maintained in B.D.A. layouts, housing society layouts, layouts of Government
quarters, and group housing projects. The civic amenity areas are taken over by
B.D.A. by getting relinquishment deeds executed from the developers.The civic
amenities in B.D.A. layouts and private layouts are allotted by B.D.A.
according to the procedure laid down in the Bangalore Development Authority
(Allotment of Civic Amenity Sites) Rules, 1989 for the purpose for which they
are reserved.
Sometimes if
a particular C.A. site is already available in the adjoining locality the
purpose may be changed by the Authority after passing a resolution in the Board
meeting. Allotment of civic amenity sites:
a)By B.D.A.:
Civic
amenity sites are reserved; allotted by B.D.A. to the Central and State
Government departments or agencies established by these Governments. After
making allotments to Government agencies, the remaining sites are notified in
the news papers for allotment.The purpose for which institutions, societies, or
associations registered under the Karnataka Co-operative Societies Act,
Karnataka Societies Registration Act or registered trusts created wholly for
charitable, educational, or religious purposes.C.A. sites are allotted on lease basis for a period not less than thirty years.
The
institutions seeking allotments have to register themselves by paying
Registration Fee, which will be valid for subsequent allotments also unless the
registration is withdrawn. Concession is given in the lease amount to an extent
of 50% to the institutions established for the welfare of physically and mentally
handicapped, to the educational institutions teaching only Kannada medium and
Government agencies.
Lease agreements are executed and registered after which possession of the site will
be handed over to the institution. The institution should put up the civic
amenity building within three years. In deserving cases extension of time will
be granted. If the construction is not made within the permitted period, the
allotment will be cancelled and the amount paid will be refunded after
deducting 12 V2 %.
After expiry
of the lease period, the C.A. site along with the buildings put up by
non-governmental institutions will vest with the Authority.While the
above are the procedures for allotment of C.A. sites, what happens actually is
mentioned hereunder.:
There is no
instance of B.D.A. resuming the site after the lease period. In one case of C.A.
site in Wilson Garden B.D.A. was forced to extend the lease. When the institution
is established in the C.A. site it is difficult to terminate the lease
practically.
In one case
of C.A. site In West of Chord Road the site allotted for the purpose of Eye
Hospital has been misused. Around this considerably big C.A. site commercial complex are built with large amount of income to the lessee. Even the remaining
open area is being given for marriage functions. Hardly there is any Eye
Hospital activity. Even such C.A. sites are not resumed by B.D.A.
Misuse of
C.A. sites is found in considerable number of cases. It is suggested that the
Authority should insist on a quarterly by certificate the Executive Engineer
concerned; that the C.A. site is not being misused .In case of misuse the C.A.
site may be resumed. Only then it may be possible to achieve the purpose for
which the C.A. sites are reserved and allotted.
C.A. sites in B.M.P. area:
While
handing over layouts developed by B.D.A. / housing societies / institutions
/private developers, no C.A. sites will be left unallotted by B.D.A. except the
parks and play grounds. Even after the layouts are transferred to B.M.P., lease
amounts of C.A. sites will have to be paid to B.D.A. Further misuse of C.A.
sites will take place after transfer of layouts. In most of the cases misuse is
for commercial purpose facing the road, with C.A. activity being conducted in
the rear portion.
The C.A.
sites/corporation lands are allotted by B.M.P. for institutional purposes.These sites are either parts of dried tank beds or Government lands transferred
to B.M.P. earlier. In one case B.M.P. allotted portion of big storm water drain
facing Lalbagh Road to a private person to build a commercial complex by
erecting R.C.C. columns in the drain. Such allotments are irregular and un-
desirable. In the dried Miller Tank Bed area lands are allotted by B.M.P. to
institutions Some of the allotters have misused the sites for commercial
purposes An automobile show room with service station and several restaurants
are existing in that site allotted by B.M.P. to an institution. Such misuse of
public lands should be condemned and lands/ C.A. sites resumed.
K.H.B.:
K.H.B allots
C.A. sites in their schemes to institutions.The lease is for 10 years. Two
year's time is given for construction of buildings failing which the C.A site
will be resumed.
Own lands;
Considerable
number of civic amenities comes up in the lands owned by institutions or
persons in the built up area of the city and in extensions of the City. The
civic amenities, which come up in such, owned sites are kalyana mantaps,
schools, dispensaries, banks, professional’s offices, etc.
Rented lands:
Civic
amenities also come up in buildings rented for the purpose. Such cases are also
considerable.The civic amenities that come up in rented lands / buildings are
schools, banks, post offices, police stations, etc. In this case the problem is
change of address when the owner of the property wants the same for
self-occupation.
Gifted lands:
Philanthropic
minded persons gift land /building to registered trusts /associations /their
own family trusts for construction of schools, dispensary, hospital, religious
buildings, and kalyana mantap.
When CIVIC amenities are required:
When an
extension /colony come up and sites are allotted, buildings come up one by one
in that area. The trends of construction of buildings depend on the
availability of services like water supply, underground drainage, and electricity.
The first requirement in the new extension is shops for day-to-day needs. Then
comes the requirement for nursery school / primary school. When the area is substantially
built up, post office, bank, police station, secondary school, playground, etc.
are necessary. Formation of park is in the last stage when the area is transferred
to the municipal authorities. For other CIVIC amenities the residents depend on
the ad-joining established localities. Additional civic amenities come up
in private buildings according to the requirement of the area.
Misuse of C.A. sites:
Residents
protest to B.D.A. / B.M.P. when the civic amenity sites allotted are misused.Resident’s welfare associations are formed to get the grievances settled by
these authorities. Forming such associations is good to get the facilities and
improvements from the civic authorities for proper living conditions.If the
grievances are not considered by the authorities, the resident’s welfare
associations file writ petitions in the courts to get relief. Such associations
with sincere members are required in all localities.
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