Readers of City Kemp over the last few months would be aware that, after years of court battles, citizens won a landmark judgement from the High Court of Karnataka in WP 3676/2008 wherein BDA agreed in an affidavit to huge modifications to its Zoning Regulations to restrict commercialization in Residential areas. The key changes were:
l In Ring 1 and Ring 2, absolutely no commercialization in roads 40 ft or less in residential roads
l For Roads above 40 ft, commercialization restricted to only 20 % ancillary usage.
l List of permitted ancillary usages restricted to a defined set of 15 usages only.
l Conversion of ancillary to main usage banned in Ring 1 and Ring 2.
l For Ring 3, the ancillary usage can become main usage IF the road width is 60 ft min and the plot size is 1000 sq metres minimum.
BDA offered to gazette these provisions immediately — in the interim the court ordered its interim orders of Jan 2012 and Dec 2012 which restricted all commercial activity in residential areas to continue.
Urban Development Department (UDD) however went ahead and notified a set of changes which had no connection with the affidavit filed in court. This happened on December 11, 2014. Citizens were forced to go to court again and file a fresh PIL. On being confronted with the anger of the Court, UDD backed down and agreed to notify the original changes.
In compliance with the commitments made before the court UDD duly gazetted the new zoning regulations in line with the BDA Commissioner’s affidavit on 24th March. As per court directives, any commercial building sanctions given from 11 Dec 2014 till the 24th of March will stand cancelled and permission will have to be applied for again.
The earlier notification dated 11th Dec 2014 which attracted the wrath of the court has been declared null and void. BBMP also admitted to the court that it sanctioned 6 plan approvals and 246 trade licenses contrary to affidavit provisions between 11th Dec 2014 and 27th February and the High Court promptly ordered BBMP to treat all these licenses and permissions as cancelled.
Petitioners also filed an Interlocutory Application before the Court alleging that the Government also allowed commercial permissions illegally before Dec 11, 2014. Documents relating to the infamous Breakfast Club were tabled as one example to press the High Court to ask the BBMP to declare any permissions and trade licenses illegally given before 11th Dec 2014 also as null and void. The Interlocutory is coming up for hearing during the 1st week of April. The UDD revised notification has now given residential communities the tools to fight to preserve themselves. Citizens spearheading the relentless fight are however not willing to take any chances.
“We have had so many ups and downs on this issue over the last few years. We wonder whether this is really the end of the war or just the end of a mere battle”, said one Koramangala citizen.
