With BBMP and the revenue department resuming demolition of structures built on encroached rajakaluves after a four-day break, the inevitable question arises: why are the big fish-builders and luxury house owners- being let off the hook? Even though Chief Minister Siddaramaiah has given clear instructions that no one should be spared, the affluent class is yet to be targeted for some unknown reason. Experts feel that if the government makes data about its land meant for facilities like drains, available to the public and ensures that owners get insurance for the stamp duty they pay during property registration, the encroachment mess can be avoided.
The ongoing drive by the BBMP to demolish encroachments on Storm Water Drains (SWD) may be necessary to prevent the flooding the city has become accustomed to every monsoon , but it has also seen a large number of people lose their homes either entirely or partially. With many paying the price for the greed of a realtor or builder, is a title insurance scheme to protect homes against the risk of illegalities the answer? Urban expert Ashwin Mahesh believes it is .
There was tension as the marking for demolition around the Lt. Colonel late E.K. Niranjan’s house was widened from one ft to five feet. But Yelahanka joint commissioner, Sarfaraz Khan, who arrived at the spot, cleared the confusion and clarified that only one foot would be cleared. The encroaching pillar was finally removed by the late officer’s family and a new pillar built to support his room.
“People should get insurance for the stamp duty they pay during registration. As BBMP officers are accused of allowing encroachments by builders and home buyers on public land, we need to find a way out of this. If property owners buy title insurance against the risk of illegalities (the stamp duty fee is more than enough to cover the cost), they could at least recover some of their investment. The absence of a guaranteed title is at the heart of a lot of avoidable financial ruin,” he contended.
Pointing out that the government has failed to put data about its land in public domain and ensure it is not encroached upon, he argues it doesn't really care about them as these failures cost it nothing at present.
“On the other hand, if it is made to pay for its complicity, the government will be more careful about the constructions that it permits. And it would do a better job of policing the builders as well as its own officials, who collude with them. Follow the money to fix the problem,” he suggested.
- After a four- day lull over the extended weekend, the BBMP resumed its demolition drive in Doddabommasandra, Sarjapur and Kasavanahalli on Tuesday. Not many new buildings were demolished in Doddabommasandra, and only those partially razed were brought down. But more buildings were marked for demolition in Avani Sringerinagar and Kyalasanahalli, KR Puram.
- A major demolition drive is expected on Wednesday at Kyalasanahalli in KR Puram, at Doddabommasandra, Srinivasapura and Jakkur in Yelahanka zone and at Alage Vaderahalli in Rajarajeshwarinagar. People on Siddaiah Road in South Bengaluru have been given a couple of days, at their request, to clear the encroachments themselves.
Mayor on the prowl
Mayor Manjunath Reddy monitored the demolition of a temporary compound wall built with fibre sheet around a Puravankara housing project near Haralur lake in Begur , Bommanahalli zone. He also directed the lodging of a criminal case against the builders for encroaching on the drain and violating the buffer zone. But a spokesperson for Puravankara, denied it had encroached on any land.
The mayor also ordered removal of an alleged encroachment on a storm water drain by Sunny Brooks near Wipro in Sarjapur, which led to flooding of the surrounding areas in rain and accused officials of conniving with the builders to allow the illegal construction and violate the buffer zone.
If property owners buy title insurance against the risk of illegalities (the stamp duty fee is more than enough to cover the cost), they could at least recover some of their investment.
When a farmer complained that he was waging a legal battle since 2011 to save his 7.5 guntas of land from being taken over for construction, Mr Reddy ordered officials not to connive with the developers.
Affluent still untouched
Although Chief Minister Siddaramaiah has ordered eviction of all those guilty of encroaching on storm water drains and lake beds in the city, however prominent or influential they may be, the BBMP has still not targeted many of the big land sharks involved while ordinary people continue to face the heat.
For instance, builders of apartment complexes like Astha Valmark on Bannerghatta Road, and BREN and Sriram Properties in Bellandur, seem to have got off the hook, although the village maps and land records allegedly show they are encroaching on storm water drains and buffer zones.
Residents, fighting against the alleged violations by these builders, claim that even high court orders and Lokayukta notices have not been able to get the local BBMP officials to take action.
A local resident living near the Astha Valmark on Bannerghatta Road, alleged that Amalgamated Property Developer (APD) had constructed Aastha Valmark on survey numbers 86/3 and 178/1, although the approval was taken for survey numbers 86/2 and 178/1.
“The builder, Nakoda Constructions submitted a fraudulent survey sketch of land in survey number 86 and got the building approval plan for survey number 86/2 and 178/1. The village map shows that the upcoming building is being constructed by altering the drain network. Although the BBMP Joint Director (Town Planning) has issued a notice to the Bommanahalli zonal officials to take action, nothing has been done so far,” he claimed.
Others alleged that in Bellandur, land records showed that BREN and Sriram properties were coming up in the valley zone of the Kaikondrahalli and Kasavanahalli lakes, encroaching upon the wetlands, in clear violation of the recent National Green Tribunal (NGT) order.
When asked when the BBMP intended to act against these constructions, BBMP commissioner, Manjunath Prasad said it was only a week since it had begun the demolitions and it needed more time to clear encroachments across the city.
“It is true that BBMP officials did not act against some encroachments although they were aware of them. However, this is a thing of past and no official will be allowed to go scot free now if he doesn’t take action. We need more time to clear encroachments over the city. We will take action irrespective of the builder. The Puravankara demolition was an example,” he asserted.
