Gated community cries for definition

This was revealed through the Right to Information (RTI) filed by G Chandrakanth, a resident of NR Layout in HAL.
BDA has stated that after the developer transfers the ownership to it, then it maintains the roads and gardens till it is handed over to the local authority. However, BMRDA stated that as per the condition laid out in the layout approval letter, the layout owner has to develop and maintain the roads and parks in the layout till further instructions from the authority. Once the local body collects the taxes, it has to maintain the roads.
"There is no clarity as to who is responsible for regular maintenance of such roads and parks taken over by BDA/BMRDA. It is not clear whether instructions have been issued to all local bodies like village panchayats for taking over the responsibility of maintenance of roads and gardens in the layouts in their respective jurisdictions after relinquishing the common areas by the developers," the applicant said.
He said that this was the state of many layouts formed as gated communities across the city.
Civic expert V Ravichandar, chairman, Feedback Consulting, said that the roads developed within the layout are technically city roads and the citizens will have a right of way to these roads. But these roads will become public roads only after the developer gives it to BDA as per BDA guidelines. "It is true that the roads are not well maintained. There is also a need to upgrade the laws," he said.
R K Misra, urban expert, said there was no clarity on several issues. ''BDA says that there is no concept like gated community and that it comes under BDA-approved layouts. In a gated community, BDA approves the layout and private party constructs the layout. However, after it is built, the common area is relinquished to the municipality. BDA forces the builder to do the parks and takes it over after the work is done.
''In a few cases, the layout associations or societies maintain the roads and parks. If they don't, it is the responsibility of the municipality which collects property tax to maintain it.
''There is a need to change the Town Planning Act. BDA has become a real estate agency. It should follow the Gujarat model. When the Ahmedabad Urban Planning Authority identifies property for development, it informs the farmers that they will get back 60% of their property. No compensation is paid to them. Nearly 20% of the land is sold and with that money they develop road in the remaining 20% of land.''
OPEN UP
Gated community: Not defined either by BDA or BMRDA
Gardens, roads: Rules don't specify who should maintain these
Maintenance: In some gated communities, associations maintain common spaces
Urban experts: Need to change Town Planning Act
DIFFERENT STROKES
''BDA has become a real estate agency. It should follow Gujarat model.''
__ RK Misra | urban expert
''We have formed a committee. It maintains the common area. However, it differs from one gated community to another. In small communities, it is the association or committee that maintains the common areas like roads and parks''
__ Kersi Wadia | resides in Paradise Nest, a small gated community in Marathahalli
''Generally, the common spaces like roads and parks are uncared properties. After the builders complete the project, the association or residents should maintain it. The municipal authorities or local bodies fail to carry out regular maintenance works. It would be easier if the associations concerned take charge of this responsibility.''
__ JC Sharma, managing director, Shobha Developers