[Reader-list] Gated Communities in Bangalore

[Rohan DSouza]

Hi,

The Bangalore City Corporation recently came out with a notification (full
notification below the body of the mail) where it directed 'gated
communities' to provide access to the roads inside the layouts to the
general public, who don't stay in it.

This is an interesting development, both from the point of view of the
authorities challenging the concept of gated communities ("It is hereby
brought to the public notice that under the Town and Country Planning Act,
there is no such concept of a "Gated Community") and critiquing how the are
being established and maintained ("have established barricade preventing
entry of vehicles and pedestrians and have also put up boards mentioning
that entry is restricted.. They have even posted guards to prevent people
from using the road.")

Their edict ("establishing barricades and preventing general public from
using the internal road of a layout is against the law.") drives the point
home that such layouts cannot deny access to the public especially in the
use of the roads in the layouts.

It is interesting to see what the reactions of the residents of these
communities will be. In most cases the purchase has been made to afford them
the privacy and privileges of an access controlled space.

Gated community in terms of access, are similar to spaces such as the
Special Economic Zones, which is a concept mooted and implemented by the
government. However in such colonies/communities, the concept seems to have
arisen from the demand of the upwardly mobile Indian upper middle classes
and catered to by the real estate industry. So far a blind eye has been
turned by authorities to this phenomenon, in a way giving it tacit approval.

But this notification seems to have changed that, at least for the time
being. It will be interesting to try and understand what triggered this
notice, especially given the fact that such gated communities have been
operating for years together. Is it the recent controversy over  the usage
of a road in the Agricultural University campus? That being a government run
institution, with its control by the institution being challenge by the
residents living in a layout near it. (
http://www.hinduonnet.com/thehindu/thscrip/print.pl?file=2008041255420100.htm&date=2008/04/12/&prd=th&
)

This move also brings up the question of access and control of common spaces
in an urban context. What exactly gives a community control over a common
space. Those living in these gated communities claim that in most cases, no
maintenance of roads and other infrastructure is done by the government
bodies and therefore the get it done and thus access an its control should
be theirs.

However the ownership of such spaces in most cases, is normally either with
the government bodies such as the municipal corporation, revenue department
or the panchayat. Only the plots are owned by the individuals.

In a place like Bangalore, where public spaces such as tanks and parks are
increasingly being leased to private parties under the guise of maintenance,
thus denying access to a large section of the populace, its intriguing to
note this move of the city corporation, which is actually (re?) opening up
public spaces.

Rgds,
Rohan
*
The notice:*

Date: 20.05.2008

PUBLIC NOTICE

LAYOUTS ESTABLISHING BARRICADE AND PREVENTING USE BY GENERAL PUBLIC
PROHIBITION-REGARDING

It is noticed that several layouts within the old BMP area and the erstwhile
CMC area have established barricade preventing entry of vehicles and
pedestrians and have also put up boards mentioning that entry is
restricted.. They have even posted guards to prevent people from using the
road. Such layouts generally call themselves as "Gated community". It is
hereby brought to the public notice that under the Town and Country Planning
Act, there is no such concept of a "Gated Community". Once when any layout
is formed, the roads in the said layout automatically come under the
jurisdiction of the respective municipal corporation the general public has
free access to use the roads within the layout. Hence, establishing
barricades and preventing general public from using the internal road of a
layout is against the law.

All such barricades and boards established shall be removed forthwith
failing which the jurisdiction engineers have been instructed to remove the
barricade and the boards. Bruhat Bangalore Mahanagara Palike can also
prosecute the person/association if such barricades and boards are erected.

Citizens can lodge complaints with the jurisdictional Zonal Additional /
Joint Commissioners, Bruhat Bangalore Mahnagara Palike, if layouts prevent
using of the roads.

Sd/-

Commissioner
Bruhat Bangalore Mahanagara Palike