Bangalore Development Authority: Jurisdiction of BDA

Introduction

The Bangalore Development Authority (BDA) was constituted in 1976 by an Act of the Government of Karnataka. Bangalore’s principal planning authority is the BDA. Its operations are governed by the Karnataka Town and Country Planning Act of 1961 (KTCPA). It is required, as a regulatory authority, to “develop in the prescribed manner a Comprehensive Development Plan” (CDP) for the Bangalore metropolitan region. It also oversees infrastructure planning and development, the provision of development-related sites and services, the housing needs of Bangalore’s economically weaker sections by providing them affordable housing.

The BDA now has jurisdiction over 544 localities. A real estate project under the jurisdiction of the BDA is regarded as illegal or unauthorised if it lacks BDA approval. A layout is considered illegal or unauthorised if it does not acquire BDA layout plan clearance. BDA layout plan clearance is required for all converted District Commissioner (DC) lands. Only the original Gramathana sites are excluded since they are likely to be regularised under the proposed Akrama-Sakrama Scheme. The District Commissioner’s (DC) conversion order is subject to certain conditions. If the conditions are not met, the District Commissioner (DC) order is immediately cancelled, with no notice to the layout developer.

Functions of the Authority.[1]

• Assessment and collection of property tax from sites/houses and commercial shops. The Department is responsible for all administrative and personnel affairs.
• The Engineering Department handles the design and construction of infrastructure and layout. In BDA layouts, the agency also manages BWSSB’s water supply, subsurface drainage, and BESCOM’s electricity operations.
• The Town Planning Department drafts and revises the Master Plan for the Bengaluru Metropolitan Area, creates Layout Plans, approves Development Plans for Layouts and Group Housing Schemes.
• The Finance Department provides financial advice to the Authority and manages its accounts. This department manages the collection, demand, and balance of dues.
• The Law Department provides legal counsels to the Authority, handles lawsuits brought by and against the Authority, etc.
• The Vigilance Department protects BDA and Green Belt properties from illegal building and encroachment.
• Public Relations Wing manages media and public complaints.
• The Estate Section oversees and manages property records, identifies BDA land intrusions, and demolishes unauthorised structures. This section also addresses shop/office space allocation and the collecting of licence fees.
• Forest and Horticulture undertakes environmental initiatives, lake improvement, etc.
• EDP Cell computerises the offices and records of the BDA.

Historical Background

Bangalore Development Authority (BDA) is a significant urban planning and development organisation responsible for the expansion of the city. On January 6, 1976, a separate Act of the State Legislature known as the BDA Act 1976 formed the BDA. This Authority combines the planning functions of the City Planning Authority with the old City Improvement Trust Board’s development functions (CITB). According to the BDA Act, the primary objectives of the authority shall be to promote and ensure the development of the Bangalore Metropolitan Area (BMA), and to that end, the Authority shall have the authority to acquire, hold, manage, and dispose of moveable and immovable property, whether within or outside the area under its jurisdiction, to carry out building, engineering, and other operations, and to do all things necessary or expedient for such development. The Bangalore Development Authority is recognised as the Planning Authority under the Karnataka Town and Country Planning Act of 1961. (KTCP).

The BDA is accountable for the following responsibilities:

• Planning Bangalore development plan preparation Scheme Plan Development Approval of plans and layouts for the development of group housing Building plans approval Other legal obligations under the KTCP Act
• Development The planning and execution of programmes that provide residential, commercial, industrial, and civic amenities, park, and playground facilities. The construction of commercial complexes is ongoing.
• Economically Weak Sections, Low Income Group, Middle Income Group, and High Income Group Housing Construction Important infrastructure facilities are being built.
• The BDA has a 1219-square-kilometre jurisdiction, which includes the authority of the Bruhat Bengaluru Mahanagar Palike (BBMP). In addition to planning and regulation, the BDA produces essential infrastructure facilities, such as roads and other transportation infrastructure, as demonstrated by its list of functions.

Status quo

Under the BDA Act of 1976, the Bangalore Development Authority (BDA) was established on January 6, 1976. This Authority merged the functions of city planning and CITB development.

In 1976, the BDA succeeded the City Improvement Trust Board. BDA prioritises the planned development of Bangalore, quality infrastructure, sites, and services, and housing for the disadvantaged. The BDA has allocated 76,000 residential sites since its inception. Over 800 municipal amenity plots have been provided by various public utilities and organisations for neighbourhood use. In April 2001, the B.D.A. Cadre and Recruitment Rules were revised and submitted to the government.

In recent years the BDA has been questioned about its functioning and the way it regulates. In the matter of Bangalore Development Authority V. Air Craft Employees Coop. Society Ltd.[2], it was outlined by the respondents that the State Government has already collected conversion fine and, as such, the BDA does not have the jurisdiction to levy betterment fees by Bangalore Development Authority Act, 1976.  A similar plea was raised in respect of Mass Rapid Transport System Cess and the Slum Clearance charges in this case. The BDA does not have jurisdiction to levy extra charges, taxes, etc.

Following are the criticisms of BDA:- 

The encroachment and development upon water bodies and tanks essential for the city’s drainage system and failure to provide basic amenities (power, water, sewerage, drainage) to residential layouts whilst embarking on more and more projects are some of the major concerns associated with BDA. Some instances also record failure to provide for the rehabilitation of villagers displaced by new layout projects and to deliver on planned projects and promised infrastructure. Despite the 73rd and 74th amendments to the Indian Constitution devolving power to Panchayats and local urban bodies, the BDA is not similarly responsive to an electoral process to local constituencies. Moreover, there exists influence of money and vested interests, the so-called “land mafia”, in the violation of regulations and land use controls and the development of prime real estate locations. Service outcomes are decreasing over time despite significant growth in revenues (accounting for population and inflation), hence, BDA has often been called the mother of corruption by the HC.

Most of the BDA allotted sites frequently get into legal trouble, even auction sites which fetch the BDA crores of rupees get entangled into such problems. A series of denotifications hit the BDA Arkavathy layout which happened after BDA allotted the land to people who paid full amount for the site purchase from their hard earned savings and received lease cum sale agreements from BDA which resulted in their money with BDA but site gone. People who dare to build a house in BDA developed layout, might have to stay with no power, water or drainage, not for years but decades as observed in the facilities in Arkavathy layout. Furthermore, there have been reports that a land owner allegedly cordoned off 300 BDA flat owners from an approach road. This clearly shows that BDA apartments are not a safe bet as according to BDA, they refund people who withdraw their flat application but how easy it is to really get your money back is anyone’s guess. The Hebbal flyover of Bangalore, designed and built by BDA is now bursting at the seams with unmanageable traffic. This clearly shows that BDA cannot be relied upon for long term planning capabilities.

Suggestions

The Bangalore Development Authority has various roles. One of the most important segments that BDA discerns is Land Acquisition matters that need much-needed attention and guidance.

Some suggestions that can be implemented about Land acquisition matters in BDA are:

• Once ownership has been obtained, activities related to the purchase of public land cannot be reversed. Implementation of the Land Acquisitions Act by the state, along with appropriate repercussions for lawbreakers, is what is needed to stop unauthorised denotifications.
• To avoid illegal transactions involving land, the Karnataka Land Reform (KLRT) Act needs to be implemented well.
• Strict laws need to be framed for preventing persons who attempt to exert undue influence over the land acquisition process, for example, by withdrawing notified land from consideration by levying a betterment tax by imposing serious punishments.
• To safeguard and properly employ assets, a complete revamp and suitable controls should be brought into place.

This blog is written by Epil Moushmi Bodra, Advocate, Jharkhand High Court.