MGP has written to B.Suresh Kumar, Karnataka Minister for Urban Development about several land use change policies of Mysore Urban Development Authority and Mysore City Corporation which are destroying the very foundations of orderly growth of the city. Of such policies, special attention has been drawn to three:
1. Residential -> Commercial Land Use Change
All over the city, residential -> commercial land use change is being given by MUDA to any one who applies. As a result, shops, hotels, scooter and car garages are appearing in the middle of residential neighbourhoods causing nuisance to the residents. This is certainly not orderly development of the city.
Sec. 14(a)(1) of the Karnataka Town And Country Planning Act, 1961 mandates that land use change can be effected only when such changes are in the public interest. In approving residential -> commercial land use changes, MUDA is claiming that they will help surrounding residents buy necessary merchandise and that many jobs will be created in these shops and hence public interest is being served. These reasons are far from the truth and are ludicrous. These areas already have shops and if more shops are allowed, they will only benefit their owners and not the public. Secondly, if creation of jobs is a valid public interest reason, can one permit a factory which creates a thousand jobs to come up on a residential site? Therefore MUDA should reject all these reasons and refuse permission for the land use change. When the reasons are so frivolous, it is amazing that MUDA has not offhand rejected the land use change applications and has actually published them in newspapers.
Even though the Karnataka Town and Country Planning Act, 1961 permits it, the Karnataka High Court has said (1988(3) KLJ 543) that the conditions and limitations imposed by the original scheme can not be changed. The Court has clearly stated that land use conversions, especially, residential -> commercial, residential -> public, public/semi-public -> commercial land use changes should not be effected.
MGP has repeatedly opposed such land use conversions (It has filed more than 50 such objections), but MUDA routinely ignores them and permits these illegal land use conversions.
2. Permitting Apartment Buildings On Residential Sites
Even though apartment buildings are used for residential purposes, they are in the nature of a commercial building according to the above High Court order. Therefore, building apartment buildings on residential sites without obtaining land use change is a violation of land use rules and the Comprehensive Development Plan. But MCC routinely allows such buildings to be built. Even though MGP has brought the land use violations to MUDA's notice repeatedly, MUDA has not bothered to act.
3. Agricultural -> Residential Land Use Change
MUDA approvals of agricultural -> residential change applications by land owners has become a flood. Even though there are public objections to these land use conversions, MUDA is allowing indiscriminately private layouts to come up on these lands
This development is undesirable on several counts. Firstly, MUDA is abdicating its legally mandated responsibility to acquire land, develop it and provide it to the qualified public at a reasonable rate. Secondly, it is encouraging land speculation which will drive the prices of sites to levels beyond the reach of the average person. These high prices will not reach the farmers who are the original owners of the land, because as the government itself has admitted, land mafia have entered this business in a big way and it will make huge profits at the expense of both the farmers and the people who buy these sites. Thirdly, integrated city planning will have no meaning when hundreds of such small layouts of (some as small as 1000 sq.ft.!) mushroom everywhere. According to town planning regulations, 15% percent of the land has to be reserved for parks and 10% for civic amenities. If the entire area is the size of a hand kerchief, can one provide parks and CA sites bigger than a postage stamp? Where is the space for roads? With hundreds of such mini developments coming up, can we even align their roads? Why is MUDA not paying attention to these glaring problems?
Despite repeated reminders, MUDA and MCC are ignoring these glaring problems and destroying the very purpose of city planning. Therefore MGP has requested the Minister to look into these problems and take prompt and suitable action on them.
1. Residential -> Commercial Land Use Change
All over the city, residential -> commercial land use change is being given by MUDA to any one who applies. As a result, shops, hotels, scooter and car garages are appearing in the middle of residential neighbourhoods causing nuisance to the residents. This is certainly not orderly development of the city.
Sec. 14(a)(1) of the Karnataka Town And Country Planning Act, 1961 mandates that land use change can be effected only when such changes are in the public interest. In approving residential -> commercial land use changes, MUDA is claiming that they will help surrounding residents buy necessary merchandise and that many jobs will be created in these shops and hence public interest is being served. These reasons are far from the truth and are ludicrous. These areas already have shops and if more shops are allowed, they will only benefit their owners and not the public. Secondly, if creation of jobs is a valid public interest reason, can one permit a factory which creates a thousand jobs to come up on a residential site? Therefore MUDA should reject all these reasons and refuse permission for the land use change. When the reasons are so frivolous, it is amazing that MUDA has not offhand rejected the land use change applications and has actually published them in newspapers.
Even though the Karnataka Town and Country Planning Act, 1961 permits it, the Karnataka High Court has said (1988(3) KLJ 543) that the conditions and limitations imposed by the original scheme can not be changed. The Court has clearly stated that land use conversions, especially, residential -> commercial, residential -> public, public/semi-public -> commercial land use changes should not be effected.
MGP has repeatedly opposed such land use conversions (It has filed more than 50 such objections), but MUDA routinely ignores them and permits these illegal land use conversions.
2. Permitting Apartment Buildings On Residential Sites
Even though apartment buildings are used for residential purposes, they are in the nature of a commercial building according to the above High Court order. Therefore, building apartment buildings on residential sites without obtaining land use change is a violation of land use rules and the Comprehensive Development Plan. But MCC routinely allows such buildings to be built. Even though MGP has brought the land use violations to MUDA's notice repeatedly, MUDA has not bothered to act.
3. Agricultural -> Residential Land Use Change
MUDA approvals of agricultural -> residential change applications by land owners has become a flood. Even though there are public objections to these land use conversions, MUDA is allowing indiscriminately private layouts to come up on these lands
This development is undesirable on several counts. Firstly, MUDA is abdicating its legally mandated responsibility to acquire land, develop it and provide it to the qualified public at a reasonable rate. Secondly, it is encouraging land speculation which will drive the prices of sites to levels beyond the reach of the average person. These high prices will not reach the farmers who are the original owners of the land, because as the government itself has admitted, land mafia have entered this business in a big way and it will make huge profits at the expense of both the farmers and the people who buy these sites. Thirdly, integrated city planning will have no meaning when hundreds of such small layouts of (some as small as 1000 sq.ft.!) mushroom everywhere. According to town planning regulations, 15% percent of the land has to be reserved for parks and 10% for civic amenities. If the entire area is the size of a hand kerchief, can one provide parks and CA sites bigger than a postage stamp? Where is the space for roads? With hundreds of such mini developments coming up, can we even align their roads? Why is MUDA not paying attention to these glaring problems?
Despite repeated reminders, MUDA and MCC are ignoring these glaring problems and destroying the very purpose of city planning. Therefore MGP has requested the Minister to look into these problems and take prompt and suitable action on them.