The Hindu 17.04.2013
HC backs residents’ rights over civic amenities in housing projects
Here is good news for residents of group housing and
private layouts. The sites earmarked for the civic amenities (CA) in
your area will have to be developed by the developer who has to hand
them over to the registered residents’ welfare association (RWA) for the
upkeep. Not just that, the Bangalore Development Authority (BDA) has to
ensure that the CA sites are handed over to the RWAs for maintenance
after being developed as per the approved plan.
Though
the BDA has the right over the site after the developer relinquishes
it, it cannot demand any lease or other charges from the developer or
the RWA while handing over the CA site to the RWA for maintenance.
Two verdicts
The
Karnataka High Court has given these findings in this regard in its two
separate verdicts on the litigations, in which the BDA’s action of
asking the developers and the RWAs to pay huge rents to lease CA sites
in certain group housing projects and layout was questioned.
These
projects were the Golden Blossom group housing project of Golden Gate
Properties Ltd, and Sobha Althea and Azalea, Sobha Adamus and Amethyst,
Sobha Chrysanthemum, and Sobha Ruby and Ruby Platinum group housing
projects and Sobha Lotus layout project of Sobha Developers Ltd. in
different parts of Bangalore.
The court said that the
Revised Master Plan (RMP) 2015, which came into force in June 2007 for
Bangalore city, states that the areas set apart as CA sites, open space
and parks in residential projects will have to be relinquished in favour
of the planning authority, i.e., the BDA.
The court
pointed out that RMP makes it mandatory for the developer to create the
civic amenities on the sites earmarked for that purpose and the BDA has
the obligation to hand over civic amenities to the RWAs for maintenance.
Can’t charge
However,
it said, the BDA cannot demand lease rent — either one time or annually
— deposit or surcharge from the developers and the RWAs for seeking
approval to develop the CA sites and their subsequent upkeep.
The
provision to relinquish CA sites, open space and parks in favour of the
BDA has been ensured in the RMP so that the sites are used for the
intended purpose and are not disposed of for profit.
The court also said that the RWAs could also seek to maintain parks and open spaces in the neighbourhoods.
