BBMP notice to commercial units in residential areas: a primer

Why did BBMP issue notices to commercial establishments? How is it related to master plan? Many such queries answered.

Why is the BBMP issuing closure notices to commercial/non-residential establishments in residential areas?

The Revised Master Plan 2015 (RMP – 2015), the master plan in force amended in 2015, restricts non-residential uses of land in residential zones (so classified under the RMP 2015). As per the amended RMP – 2015,

1)    No commercial activities of whatsoever nature are allowed in any of the three Rings (of the Bengaluru Metropolitan Area) in Residential Main and Residential Mixed Zones if the road width is less than or equal to 40 feet.

2)    Ancillary usage (uses mentioned in the notification only) are permitted in residential main and residential mixed zones in Ring 1 and Ring 2 upto 20% or 50 sq mts whichever is lower provided the width of the road is above 40 ft.

3)    In Ring 3, ancillary uses (uses mentioned in the notification only) may be permitted as main use in residential main and residential mixed zones if the plot size is more than 1000 sq mts having frontage of 10 mts or more and if the width of the road is more than 60 ft.

The BBMP has now issued notices to establishments which violate the RMP – 2015.

What is the RMP – 2015? Is it binding on me?

The RMP – 2015 for the Bengaluru Metropolitan Area consists of a series of maps and documents setting out the vision and the framework for the development of the Bengaluru Metropolitan Area (Local Planning Area) and was approved by the Government of Karnataka on 22/06/2007”). As per the Karnataka Town and Country Planning Act, 1961 (“KTCP Act), every land use and development within an area covered by the RMP-2015 should conform to the provisions of the RMP – 2015, till the next revised master plan comes into force.

How do I know if I am permitted to put my land/building to non-residential use?

Any person wanting to develop/use a plot of land within the local planning area /Bengaluru Metropolitan Area has to first ascertain which ring (as categorised in the RMP – 2015) the plot falls within, thereafter which zone within the said ring and then the person can develop/use their plot as per the land use categories permitted in that particular zone under the RMP 2015 after obtaining appropriate approvals.

What are the ancillary uses permitted in plots abutting roads over 40 feet width?

Some of the ancillary land uses permitted are – Petty shops, newspaper, stationary and milk booth, STD/Fax/Internet/ATM centers, offices / clinics belonging to professional services categories and self owned, banks etc.

What was the judgment in W.P. No. 3676/2008 referred to in the notice of the BBMP commissioner?

During the year 2012, the High Court of Karnataka while hearing a writ petition challenging the vires of the Revised Master Plan 2015 (RMP – 2015) taking note of the problems faced by residents on account of commercial developments in residential areas, directed that in certain areas of the city corresponding to residential zones under the RMP – 2015, no permission would be given except for residential uses. The writ petition was ultimately disposed off after the State Government undertook to amend the RMP – 2015 as per certain proposals made by the BDA before the High Court.

The interim orders regarding restrictions on uses in residential zones however were to continue till the amendments to the RMP – 2015 were notified by the State Government. The amendments to the RMP – 2015 were finally notified by the State Government on 20/03/2015 and restricted non-residential uses in residential zones to a large extent.

What powers does the BBMP have if establishments do not comply with the RMP – 2015?

The BBMP has the power to shut down the establishment and also institute appropriate criminal proceedings against the violators.

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Citizens win PIL on reckless commercialisation in Bengaluru
Permit for eatery in residential zone provokes protests, citizens cry harassment by BBMP

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