By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Stop demolitions based on 1905 revenue maps as they pertains to agriculturallands : Question of separate existence of Rajakalves and drains and canals does not arise once the agricultural lands were converted into residential areas the road and attaché drains were formed in layout . Rajakalves and drains were merged with Layout roads and separate drains and lands were leveled and made into residential areas after conversion from agricultural to residential uses and about 15% of spaces were used for roads and drains within road width areas. Zonal Plan as its provisions overrides the provisions of Karnataka Land Revenue Act 1964 under section 76 -M of Karnataka Town & country Planning Act 1961 in respect oflands coming under local planning authority like BDA and revenue map of 1905 cannot override present CDP. Canals appearing in revenue maps based on Karnataka Land Revenue Act 1964 cannot be enforced for converted lands as new road and attaché drains were formed in layout. How to solve water drainage problem: Drainage system : As there is urgent nee BDA is the planning and development authority for Bangalore Metropolitan Area covering 1279 sq km. The Comprehensive Development Plan (CDP) of Bangalore was prepared by BDA for the first time in 1984 under the Town and Country Planning Act, 1961. The government approved the Revised CDP in 2015which is still in force.
In the Mean while The Karnataka high
court on Tuesday asked the authorities not to demolish a multi-storey building
in Bilekahalli, southeast Bengaluru, as long as the sanction plan issued by
BBMP stood valid.Justice Anand Byrareddy made the observation while disposing
of a petition filed by SN Builders and Developers and its managing partner Shah
Sanjay . The petitioners have accused the officials of harassing them though
they had constructed the building based on a valid sanction plan issued by the
civic authority. The judge wondered how could the authorities demolish any
building when the sanction plan issued by them is valid. Even the Bangalore
Metropolitan Task Force (BMTF) is in a fix and it has sent a communication
seeking clarification as to why a century-old village map or the master plan
should be taken into account while determining the cases on hand, they added.
Earlier, Justice Reddy wondered if there's any compensation mechanism for
people who have lost their houses overnight. "Where do these people go for a
shelter? Is there any compensation mechanism in place? Nobody is talking about
these aspects," the judge said.On use of revenue maps, the judge said a house
owner cannot be expected to know the survey number of any area heshe is
living.The government advocate informed the court that the demolition exercise
was undertaken only on encroachments on storm water drains and no action is
being taken in cases pertaining to buffer zone as the issue is still pending
before the Supreme Court after National Green Tribunal verdict. BBMP has requested people to remove encroachments on
their own, based on the maps
How to solve water drainage problem without demolishing legal buildings: Raja Kalves were things of past in agricultural era of 1905 and today it need to be replaced with big storm water drains on both sides of existing roads in present era of urbanaisation. .Do not demolish the buildings as per revenue map of 1905 water drainagesystems which presently do not exists. Bangalore today has Ring Road System of roads like Ring Road and Outer Ring Road and Many double roads and 100 feet and 200 feet roads which were not there in 1905 revenue survey maps but while planning good storm water drainage systems could have been made and constructed. Presently instead of demolishing in the name of solving water drainage problem BBMP can plan 20 feet deep and 20 feet width concrete storm water drainages on both side of System of roads like Ring Road and Outer Ring Road and Many double roads and 100 feet and 200 feet roads with correct road slopes and contours which can solve entire Bengaluru storm water drainage problem.. But today it has very low width low deep storm water drainage both side which have no capacity to drain out big rains water draining capacity . Let BBMP demolish the structures which are constructed on existing drains even though it is not shown on the map. Drainage system: As you widen the roads at the same time you need to widen the drains and deepen to drain out the water outside the city . The drainage system is an essential part of living in a city or urban area, as it reduces flood damage by carrying water away. Fundamentally, the existing infrastructure and drainage system in the city cannot handle the excess water whenever there's a downpour. Originally, stormwater drains in Bangalore were designed in keeping with the three valleys that run across the city --- Vrishabhavathy, Hebbal and Koramangala-Challaghatta. They served the purpose so long as the population of the city was within a certain limit. The unprecedented growth of Bangalore, unaccompanied by the necessary infrastructure, has precipitated problems of a large magnitude. The city drainage system comprises major drains which need to widenedas you are widening roads , roadside drains and shoulder drains need to be widened , otherwise all of which get overburdened during the rainy season and city may submerged like Chennai disaster happened recently. Design New Drainage for Bengaluru: Flood risks and drainage are key considerations when planning all new suburbs. Today, underground drainage systems are generally designed to cope with frequent storms - those with a 20% chance of occurring in a year. Any excess water travels along planned overland flow paths that carry water away from properties. This prevents them from flooding in the majority of storms - up to those with a 1% chance of occurring in a year.We also look at other benefits when designing drainage systems, including the impact on rivers and creeks. For example, when building drainage inBengaluruwe also need to installgross pollutant traps, which capture large litter items like plastic bags, bottles, newspapers and cigarette butts to prevent them being washed into rivers and creeks. We need to createBasin to include a wetland to improve storm water quality, provide greater flood protection, and allow stormwater to be harvested to water harvestingopen spaces. Entering stormwater drains is dangerous and illegal, and could cost you your life or endanger others who rescue you. What's required is a comprehensive approach to the problem, which essentially involves putting in place a new widened sustainable drainage management system as in developed countries. A storm water drain renovation and widening and deepening and management project had to be prepared for Bangalore andimplementation it without delay. In the meantime, risk assessment of vulnerable areas must be carried out and corrective measures taken to minimize them.Bangalore has Ring Road System of roads but while planning good drainage systems could have been made and constructed .But it has very low width drainage both side . Drainage system: Several hundred buildings have been demolished by BBMP engineers alleging that they had encroached Rajakalve .But this will not solve the Bengaluru water drainage problem.The blunder committed by urban planners .No wide and deep drainage systems is planned as per requirements of city growth.
The BBMPis forcibly demolishing the properties without paying the compensation andRehabilitation and Resettlement as per Law and that the reason many builders and ownershave got the stay against BBMP.Let the BBMPadministration do proceedings as per The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and Rules 2014.But affected persons are against the forceful demolition without paying the compensation andRehabilitation and Resettlement as per Law .Abide the law and then implement the master plan road .Forcible implementation Government may face contempt of court proceedings. BBMPshould to stop exhibiting the style of functioning in a dictatorial manner either without understanding the statutory provisions, law laid down in a catena of decisions, violating rule of law or in utter ignorance of law. BBMP cannot exercised powers illegally, arbitrarily and discriminately giving a go-bye to all norms, guidelines and principles required to be scrupulously .(BBMP) implement one court order ofNational Green Tribunal (NGT)on buffer zone around water bodies and Storm Water Drains (SWD) cannot violate basic human rights of owners of land and other high court and supreme court orders and law of the land. Prime land adjoining drains is not owned by Government. Suddenly it cannot go and demolish any structure which is lawfully constructed which is now declared as buffer zone around water bodies and Storm Water Drains (SWD) ByNational Green Tribunal (NGT) .The BDA has to define and map all drains in CDP and declare a plan of actionand make a provision in law to acquire as per "RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT 2013. (New Act) and carry out rehabilitation as per law in the interest of justice and for the purpose of protection of Human Right and declare buffer zone around water bodies and Storm Water Drains (SWD) as ordered By National Green Tribunal (NGT) .Zonal Plan as its provisions overrides the provisions of Karnataka Land Revenue Act 1964under section 76 -M ofKarnataka Town & country Planning Act 1961 inrespect oflands coming under local planning authority like BDA and revenue map of 1905 cannot override present CDP .Reportedly The BBMPcommitted blunders and human right violations by demolishing poor people's properties without acquisition of land by following due process of Law and committed human rights violations while implementing NGT orders as NGT is not the owners of buffer zone properties it need to be lawfully acquired to implement NGT orders.. Forcible implementation ofcourt order ofNational Green Tribunal (NGT)on buffer zone around water bodies and Storm Water Drains (SWD) without following the CDP master plan prepared by BDAthe BBMP will face several court proceedings aswithoutacquiringthe properties to implement NGT order is illegal as NGT is not the owner of the properties on buffer zone. Affected persons are not against the NGT orders implementation but it need to after due process of law and as per KTCP Act . "The Land Acquisition Act 1894 stands repealed and replaced with The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and Rules 2014 ”.Let the authorities acquire the affected properties as per The Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 and Rules 2014 and pay the compensation and do Rehabilitation and Resettlement as per Law and then implement the National Green Tribunal (NGT)on buffer zone around water bodies and Storm Water Drains (SWD). BBMP is correct in demolishing structure if they are constructed on existing Storm Water Drains (SWD) land adjoining drains cannot be said to be have been encroached such adjoining land if BBMP wants to retain it as buffer zone then it need to acquire it andcarry out rehabilitation as per law in the interest of justice and for the purpose of protection of Human Right.