Civic loop-de-loop: Chasing shadows of BBMP’s zoning rules

Residents' complaints have fallen on deaf ears.

Bengaluru: When the residents of Nagavarapalya in CV Raman Nagar wanted to challenge the new preschool being illegally run in their neighborhood, little did they know that the BBMP itself lacked a standard operating procedure (SOP) to act against most violations related to zoning rules. This realization struck only after the residents knocked on the doors of the BBMP’s different departments for two full years while both the officers and the engineers kept passing the buck.

Cut to present, the preschool continues to function, abutting the narrow lane, as do many commercial establishments in almost all residential localities in the city, without any fear of law or law enforcement agencies.

The reason is simple: the BBMP, whose staff are paid salaries and other benefits from the property tax collected by citizens, lacks a ready procedure to act against complaints pertaining to zoning violations quickly nor any intent. For the complainant, defeat is almost certain. The fight is worthless if the commercial establishment – running in residential areas – does not require a trade license from the BBMP, for instance, the preschool, fitness center, or a jewelry shop, among many others.

‘Infinite loop’

When Suhas Ananth Rajkumar, a resident of CV Raman Nagar, filed the first complaint against the preschool in February 2022, the Medical Officer of Health (MOH), East Zone expressed helplessness, stating that the powers to withdraw the license (issued to the preschool) lie with the block education officer.

Unconvinced with the response, Rajkumar met the assistant executive engineer (AEE) of CV Raman Nagar zone on the advice of BBMP’s legal department. It was at this juncture that he realized that the civic body did not have a standard format to tackle zoning violations as it does for illegal constructions. Seeking clarity, the AEE wrote to the executive engineer, who then wrote to the chief engineer (East zone) raising doubts about enforcement. Subsequently, the CE wrote to the Joint Commissioner (JC), but the file ultimately landed in the legal department.

When the BBMP’s legal cell sat on the file for eight months, Rajkumar sought assistance from the Lokayukta. Almost immediately, the legal cell responded to the JC’s query, putting the onus of shutting down the preschool on the AEE. However, despite the instructions, no action was initiated, with the AEE once again directing the complainant to approach the Block Education Officer.

The experience has been similar for many residents as well. Christopher Chruz, an executive member of the North East Residents’ Welfare Association (NERWA), said the residents found as many as 130 commercial establishments in violation of the zoning regulations in HRBR layout as well as OMBR layout.

“Almost all our complaints have fallen on deaf ears,” he said.

No SOP

In 2015, the state government – following a High Court order (writ petition 2661/2015) – issued an important notification listing minimum stipulations for the usage of residential properties for ancillary purposes. Among them include: a minimum width of 40 feet and a limitation of 20% of the built-up area or 50 square meters for any ancillary use for properties falling under Ring 1 and 2. The restrictions were slightly relaxed for properties falling under Ring 3.

The notification was, however, silent on many issues. It did not specify the officer or engineer to be delegated with the responsibility of enforcing these regulations. Nor is there a mention of a timeline for carrying out the enforcement and the procedure to be followed. It is also silent on the punishment to be meted out to the owner of the building for violating the zoning regulations. 

There are, however, instances where the BBMP’s health department has withdrawn trade licenses when businesses – falling under Schedule X of the Karnataka Municipal Corporations Act – are found to be in violation of zoning laws. The department has also sealed properties where deemed necessary.

Residents believe that the health department is the wrong authority for enforcing zoning violations, given that it does not issue licenses to all kinds of establishments. Referring to a High Court order dated 2016 (Writ Petition number 22383-22384), they note that the assistant engineer or assistant executive engineer of the ward is the appropriate authority for enforcing zoning regulations.

Some residents have succeeded in closing commercial establishments only with court orders. Deepa Peck, a resident of Whitefield, recalled how residents had to approach the court to shut down a preschool when the BBMP was just passing the responsibility.

“While we were able to ensure the preschool is moved elsewhere, at least three more commercial establishments have opened on the residential main in Whitefield. We cannot keep going to the courts, but the BBMP is not doing its job,” she said.

BBMP’s Chief Commissioner Tushar Girinath said he was aware of the problem. “We will discuss a solution for this once the election code of conduct is over,” he said.