• BMRDA, BBMP, BDA and gated community

1. Why a gated community developed and maintained by the sole investment of its investors considered as public to outside the community?
2. When did gated community concept seized/ stopped in Bangalore?
3. Is this uniform through out in other Indian states. If not how will Supreme court view this in the point of view of justice through out?
4. How will it be it deemed on ownership of property if the relinquishment of roads and amenity happened (solely by builder) after (>5 years) the investors started living in the campus? 
5. If BDA/ BBMP/ APA approved layout with walls in the approved plan. Why it needs to be opened?
6. Is it required to be opened towards a jungle on the other side if the roads are touching a wall?
7. Is there a case in SC running for the ownership for the gated communities in Bangalore?
Asked 6 years ago in Property Law
Religion: Hindu

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3 Answers

Residents and owners of plots in a particular layout cannot claim exclusive use of roads and common areas in it, bangalore HC has held 

 

2)once a layout is formed, the roads in it would automatically come under the respective municipal corporation and the general public have the rights to enter and exit them.

 

 

3) As the law stands today, any road is a public property. Any conversion-of-land-use order will also stipulate that access to other adjoining areas has to be given through the property. So, access control at gated communities is legally difficult to defend,”





 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

While the norms have been updated to include apartments, the law is yet to catch up with gated communities. “As the law stands today, any road is a public property. ... As the law stands today, any road is a public property. Any conversion-of-land-use order will also stipulate that access to other adjoining areas has to be given through the property. So, access control at gated communities is legally difficult to defend.

In a major setback to residential layouts proclaiming themselves 'gated communities' blocking roads and cutting off access to the general public, the BBMP has categorically stated that roads and parks inside such layouts are “public properties” and hence cannot be access controlled.

Another significant directive from the BBMP is that private layouts cannot barricade themselves within compound walls if roads are meant to be used by the public or  are criss-crossing through them.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can file a writ petion in hs early as safer mode hal 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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