Garbage, excessive noise, drug peddling: Residents have a long list of woes against commercial establishments operating out of their neighbourhoods. Relentless protests against these businesses left the BBMP with no choice but to crack down on illegal establishments. Traders who will be forced to shut shop, however, say the licences were issued to them by the Palike, which allowed norms to be flouted in return for the revenue these establishments would earn, reports Aknisree Karthik.
Quiet, tree- lined avenues, where people set out to walk at leisure and neat roads lined with houses and leading to parks where the residents of a neighbourhood relaxed. This was the Bengaluru of the past. Sadly, the city today bears no resemblance to this idyllic setting anymore.
Gone are its trees and also the peace. In their place are residential roads lined with several commercial establishments and burdened with honking cars and bikes that destroy the calm.
A senior BBMP official recalls that going by the city’s Master Plan 2015, no commercial outlets can come up in residential areas with roads less than 40 feet wide. But the rule is blatantly violated in many areas. For instance, DVG Road, which is listed in a main residential zone in the plan and is less than 40 feet wide, is today fully commercialised, points out the official.
Unfortunately, most traders operating in residential areas like DVG Road have been issued trade licences by none other than the BBMP itself, he admits. “And so now the civic agency is in a fix as it has to ask them to move, despite allowing them to violate the law in the first place. The problem is that the BBMP saw trade licenses as a big source of revenue and hardly worried if the applicant was opting for a residential area or a commercial. Only now with citizen activism gaining is it having to consider this more carefully,” he adds.
A file photo of 10 A Main Indiranagar.
One of the areas where people strongly objected to the commercialisation was Indiranagar. After its repeated complaints failed to fetch any response, the federation of resident welfare associations of the locality knocked on the doors of the Karnataka High Court, which, in turn, directed the BBMP to take measures to curb illegal commercial establishments from coming up in residential areas. It also directed the Bengaluru Development Authority(BDA) not to change the land-use of any residential area to allow these units to operate in it.
Acting on the court’s order, the BBMP issued a public notice in December 2016, directing commercial establishments to stop their illegal operation in residential areas. It also served individual notices to over 12,000 establishments in residential areas across the city.
But it did nothing more, raising suspicion that it had merely served the notices to evade contempt of court. Ask Mayor Sampath Raj about the brickbats the BBMP has received over this and he admits that it did issue trade licenses to commercial units functioning in residential areas when it should not have.
“But now our officials have issued individual notices to the illegal units operating in these localities. If they do not move out their trade licences will be cancelled,” he warned.
Adding that no matter how big or small the units, they would have to adhere to the law, he asserted, “Our officials will in future strictly enforce the law.” But before the BBMP cracks the whip, the Mayor plans to call a meeting of the residents, traders and officials concerned to discuss the matter.
‘Party, but don’t disturb the peace’
Some neighbourhoods are inconvenienced more than others by the commercial units in their midst and complain of loud music being played at odd hours, drunk men shouting on their streets, breaking of liquor bottles near houses, drug peddling, and illegal parking.
Says Mr D S Rajashekar, president of the Citizens' Action Forum, "Its not only inconvenient, but lives of people too are under threat due to the commercialisation of residential areas. As most units are illegal and do not provide parking space, their customers just park their cars and bikes before our houses for hours. And when we question them they rain abuse on us and sometimes even beat up people."
The activist deplores that some rooftop bars play loud music till 1 am and upto 3 am in some areas. “Don’t the people have the right to live peacefully in their homes? We are not against partying or playing of music. Our concern is that it should not disturb the peace. How can a senior citizen be expected to sleep in this racket?” he asks, welcoming the recent crackdown on the rooftop pubs and bars by BBMP Joint Commissioner (East), Dr Ashok.
As for the High Court order against commercial units , he believes it is not being followed as they have political connections and are protected. “The BBMP has merely issued notices to them to evade contempt of court, it is an eyewash,” he contends, warning, “ If the High Court order to curb the menace of commercialisation of residential areas is not followed, then we will have no choice but to approach it again with a contempt petition.”
Noise pollution: What the law says
The Karnataka State Pollution Control Board, which monitors the noise pollution levels in the city, says noise should not exceed 45 decibels in residential areas, 55 decibels in commercial areas and 70 decibels in industrial zones between 10 pm and 6 am. And at night the noise level cannot exceed 40 decibels. But in areas like Indiranagar, Koramangala, M G Road, Old Airport Road, Brigade Road and Majestic the noise level crosses these limits. Those found violating the law can be imprisoned for up to five years
Residents will form human chain if bbmp doesn’t act: Nitin Seshadri, Koramangala Third Block Resident Welfare Association
The civic body has utterly failed to curb the commercialisation of residential areas. We have been fighting against this for many years without success. The BBMP first issued a public notice and then served individual notices to the illegal commercial outlets, but even this has not put a stop to it as its officials are often hand in glove with these establishments.
Commerical units find it cheaper to move into residential areas as the rents here are low and the building owners allow them in their greed to make more money. But why don’t the officials check if the applicant is eligible for a commercial or residential zone when issuing trade licenses? If officials make up their mind to curb this menace they can do so in a few days with the help of the Commercial Tax Department, which issues the VAT certificate, Bescom, and BWSSB. But they don't bother. The BBMP should therefore be held responsible for reducing peaceful residential areas to noisy commercial hubs.
As if the inconvenience caused by these commercial units was not enough, we have legal units blatantly violating norms. Although BBMP building bylaws insist on every commercial building reserving space in its basement for parking, these are violated.
While there is no provision in the bylaws for rooftop bars and pubs, many illegally run them , play loud music, and disrupt the peace by greasing the hands of officials.
If the BBMP doesn't take action, residents will have no choice but to form a human chain outside illegal establishments until they close. If this doesn't help, we may have to approach the high court again.
