Advocate Selvakumar: February 2016

Monday, February 29, 2016

A QUESTION OF TRUST

A QUESTION OF TRUST

It is difficult to define the word 'Trust' in the legal sense. The Indian Trusts Act 1882, defines Trust as an obligation connected to property ownership, and arising out of a confidence reposed in. and accepted by the owner, or declared and accepted by him, for the benefit of another, or of another and the owner. Even this definition does not fully capture the essence of the term. However, it is easier to describe what a Trust is.

An operational Trust has at least four ingredients. One is the 'Author of the Trust' who creates the Trust. He reposes confidence or trust in one or more persons to execute the objects of the Trust. The persons in whom the confidence is reposed are the 'Trustees.' The person for whose benefit the Trust is created is the 'Beneficiary.' The initial money raised for the trust is its 'Corpus.' The Trust mayor may not have immovable properties. If you are dealing with a Trust property or planning to purchase property from a Trust, you have to first check out whether it is a Private or a Public Trust, or whether it is a Religious Trust. Depending on the type of Trust, the approach will vary.

One of the ways of finding out whether a Trust is a Private or a Public Trust is to see what its objects are, and who the beneficiaries are by checking out the Trust Deed. If the beneficiaries are identifiable, then most probably it is a Private Trust. If specific beneficiaries are not identifiable and the beneficiaries are the general public or sections of the public, then it is a Public Trust.

Bequests:

This is very critical in dealing with the properties of a Trust. The next thing is to see as to how the property was acquired by the Trust. The Trust can acquire properties by bequests, that is, testamentary dispositions made by persons through a will. It can acquire properties by outright purchase or by other modes.Frequently, properties are also endowed or orally transferred to the Trust. Separate declarations are made confirming the transfer. Though there may not be any registered document, giving property to a Trust by a valid endowment or oral transfer is valid. This has to be ascertained from the documents.

A distinction has to be made on how the property is brought in, and on the constitution of the Trust. As per the Indian Trusts Act 1882, a Trust connected with an immovable property has to be constituted by a non-testamentary instrument in writing signed by the Author of the Trust or the Trustee and registered. The Will of the Author of the Trust or the Trustee can also constitute it. As far as movable properties are concerned, a Declaration of Trust has to be made and ownership of the property transferred to the Trust. A Trust cannot be constituted in a fraudulent manner or to defeat the rights of persons claiming interest in the property.

You also have to check whether there is a complete divestment of right, title and interest of the Author of the Trust or the Donor in the property. The documents to be checked could include declarations, tax records, and other documents evidencing dealings of the Trust. As far as sale of Trust property is concerned, especially a Public Trust, it is the deed, which governs the same.

There should be a clear provision in the Sale Deed enabling the Trustees to sell property. If this provision is not clearly found in the Trust Deed, then court permission is required for the sale. This permission has to be obtained depending on whether the Trust is a Private or a Public Trust. Any direction contained in the relevant Trust Deed for effecting the sale has to be strictly met. In the case of Public Trust or Charities, permission from the Income Tax Department may be required.

The Trust must be able to give you the title deeds and deliver vacant possession of the property, unless otherwise agreed. The persons signing on behalf of the Trust should be empowered under the Trust Deed or as per directions of court. The Sale Deed or Conveyance has to be stamped and registered as usual. Any litigation pending against the Trust should not affect the transfer of property.

The sale of the Trust property should have been made during the term of the Trust. A Public or a Charitable Trust is, however, irrevocable and is designed to have perpetual existence, unless terminated by an order of court. In certain Public and Charitable Trusts, the competent court can frame a scheme and the property has to be dealt with in accordance with the directions or provisions of the said scheme. If authorisation is required from the Board of Trustees or any other formality has to be fulfilled, then the same has to be complied with.

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Friday, February 26, 2016

A SMOOTH SALE AND CLEAN BUY

A SMOOTH SALE AND CLEAN BUY

An Agreement to sell is the first step taken towards purchase of a property. This facilitates trouble free transfer of property based on the terms and processes that have been already discussed and agreed to between the seller and the buyer.

Sale and purchase of immovable property requires considerable time for completion of process and compliance of various obligations, since the stakes are high. Hence both the parties have to come to an agreement regarding the consideration amount, mode of payment and time duration. The terms agreed are put in writing in the form of an agreement, which is known as Agreement to Sell. The Agreement to Sell is governed by the provision of the Indian Contract Act 1872 and the Transfer of Property Act 1882.

Being in accordance with the provisions of the Transfer of Property Act 1882, a legally valid contract between the parties as per the provisions of Indian Contract Act, 1872 is mandatory.

This Contract may be oral or written. Further it may be exhaustive or open. An open contract is just a skeleton, referring to the names of parties to the contract, property to be sold and the consideration amount.

An exhaustive contract is a detailed one referring to the title, modes of payment, time duration for competing the transaction, obligations to be complied with etc. In immovable property dealings, it is not advisable to go for oral open type of contracts, as the stakes are generally high and consequences are grave. Such contracts need to be diligently prepared referring to minute details. The services of an expert advocate in property matters should be availed. Section 54 of the Transfer of Property Act refers to the Contract of Sale/Agreement to Sell.

It defines the agreement to sell as a contract that a sale of such property that a sale of such property takes place on terms settled between the parties. It further specifies that the agreement to sell does not create any interest in property or charge on such property. The purchaser who has entered into an agreement to sell with the owner of the immovable property is not entitled to any compensation if the property is acquired by the government. Further in case of suit of injunction against the owner, the purchaser who has entered into an agreement with the owner does not have any right to be impeded in the suit and heard on the basis of the agreement to sell.

The rights and liabilities of the purchaser and seller:

Section 55 of the Transfer of Property Act deals with the rights and liabilities of seller and purchaser. If the agreement to sell does not specifically refer to the rights and liabilities of seller and purchaser, the provisions of section 55 are enforceable.

There is a caution against the use of words like “as is where is basis”, since in such circumstances, the purchaser has to specifically perform the contract irrespective of the material defect in the title of property. There is no prescribed format of agreement to sell in respect of an immovable property. It has to be ensured that the agreement is legally enforceable and binding on the parties and that it is not a mere formality.

Persons entering into the agreement:

Persons must be competent to enter into a contract. They must be major, sound mind and not disqualified from contracting. The names of the parties to the contract, their age, father’s name, in case of married woman, the husband’s name, and places of their residence should be mentioned. Care should be taken to make all the owners as parties to the contract. In case any of the joint owners is not available to execute the agreement, a clause is added to the agreement that all persons having interest in the property shall execute the conveyance deed. A partnership firm is not a legal person and as such all the partners should sign the agreement.

Exact location and description of the property agreed to be sold:

Location and description should contain the roads on which they front, the existing and former occupations, the municipal number, street, road with complete boundaries, and properties surrounding the property agreed to be sold. It should also include the area of the site, built up area, floors, type of constructions, materials used etc. The details should be exhaustive so as to identify the property clearly. Sections 21 and 22 of the Indian Registration Act makes it mandatory to disclose the details.

Agreed consideration amount and mode of payment:

Consideration amount, the price at which the property was agreed to be transferred is very important and an essential portion of the agreement. If the consideration amount is not mentioned, the contract becomes void. The consideration disclosed should be in money value, and it should not attract the provisions of exchange of property as detailed in Sec 118 of the Transfer of Property Act. Whether the consideration amount is adequate or not is immaterial. The agreement should disclose any part payment of consideration or earnest money, the mode, place and time of payment of balance money.

Production and scrutiny of documents of title:

The agreement should contain a clause that the seller should produce the documents of title in his possession for scrutiny by the purchaser and his advocate. Sec 55 (1) of Transfer of Property Act makes it mandatory to produce the documents for scrutiny.

Period of completion of sale process:

The sale agreement should contain a clause stipulating the time within which the purchaser will pay the full consideration amount and get the sale deed executed and registered by the seller. It is always advisable to pay less amount of the sale consideration as advance and further, it should be kept in mind that the balance maximum portion of the sale consideration must be paid only at the time of registration of the sale deed.

Conditions and obligations to be complied with:

There may be local laws and other statutory obligations to be complied with for completion of sale. Permission may have to be procured from certain institutions. Any such obligations to be completed and the time for such acts are to be incorporated in the agreement.

Expenses to be met:

Sale process includes various expenses like legal fee, stamp duty, brokerage and expenses towards statutory clearances. Terms of agreement should be clear as to who has to meet these expenses.

Miscellaneous:

The agreement should also contain penalties for non-performance of the terms of the agreement. The onus on the seller is that he shall during the period between the date of agreement to sell and actual handing over of the property to the purchaser, not create any charges no the property and at the same time maintain the property.

Remedy:

If any of the parties fail to perform, a party may sue the other party for specific performance as per the terms of the agreement. The limitation available is three years and it starts from the date on which the act is to be performed.

For example, a sale agreement is dated 1-7-2003, where it is mentioned the purchaser should pay the final installment of consideration and get the conveyance completed by the seller on 31-8-2003. The Purchaser, however, failed to pay the final installment on 31-8-2003 and the limitation started from the date.

The agreement to sell is to be executed on a requisite stamp paper as prescribed by the state. Purchase of property is a transaction where the parties to the transaction must be of identical mind to ensure smooth and uncomplicated execution of the transaction. The agreement to the sale contains all the terms and conditions on the basis of which the physical process of transfer of property will take place on a step-by-step basis. The agreement to sell clearly defines the duties of the buyer and the seller and the tasks to be performed by each, ultimately leading to the registration of the sale deed and thus ensuring a successful and stress free sale and purchase of immovable property.

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ARCHITECHTURAL DESIGN

ARCHITECHTURAL DESIGN

A dwelling or work place should have the quality of freshness which can be achieved through the art of planning and construction as well as other qualities which the owner aspires to in his property. There is a broad classification of buildings into residential, commercial, institutional and industrial types.

There is a variation in design according to these types of purposes. Urbanization has led to an ever increasing requirement to make residences, shopping areas and recreational spaces available to people. These needs are recorded and responded to by architecture.

The history of Indian building architecture is an exhilarating mix of architectural and political influences which have provided a cue to let go all the underlying, buried creativity. Many styles have come up pinpointing pioneers and path breakers. The variety of styles, changing combinations and revivals point to a continual search for tradition integrated with an innovative look.

Clumsy models are not feasible apart from specialty constructions. Ours is an age of fashionable cultural creations together with functionality according to a structural engineer from IIT. There is always a quaint charm attached to culturally built models. However the particular end user determines the preference. Features such as sloped roof, Mangalore tiles, wooden scallops etc, have always attracted the interest of people and many customers are in favor of red oxide flooring.

This concept is the basis of design it should inspire those who see it and give them an idea about the owner. The nature and selection of materials used will be influenced by the topographical survey spiced by a mix of light and color. One of the main factors that need to be tackled is the climate of the region. One may be inclined to imitate the styles of the west but the climatic conditions of India will decide the appropriateness and comfort of the building.

The combination of building technology, building materials, ecology and the local climate will go together to give the built form. There are no static needs. hey change along with individual perceptions and here is where the architect dons the attire of a graphical artist and psychologist. The job of the architect is to think and plan the customized construction that will come out of the concrete waste. Their building forms have a space and sensory perception of their own. He has to decide on the right choice of location for construction, geometrical layout, electrical and plumbing designs etc.

He should be able to communicate his design and emphasize its worth and importance. His expertise depends on finding the common ground between the builder and the owner and specialty constructions are radiant testimonies to be admired. Both the clients as well as the architectural community's needs can be satisfied by the architect.

The prime architect is actually the owner who provides the resources for the project. The construction ultimately has to satisfy the owner having a good infrastructure, being within framed standards, having inherent safety measures and support services. A small operator can never carry on this business.

This is because such investments do not bring in sufficient returns, Joint ventures fail to be profitable for owners and registration norms are reducing the possibilities. Along with this a robust demand for construction continues to exist. So many factors join together to constitute this. There are several avenues of employment that bring in wealth. Wealth and affluence lead to foreign travel and in this way the living style goes up. Putting this need into effectiveness involves fulfilling the requirements of clients.

In order to satisfy the needs of modem refinement the house should not become unused remains. Style should be a vehicle of expressing oneself. Whatever the class of the persons nobody should have to get mired in low quality lifestyle. Even when building for the lower end segment, there should be some good show of aesthetic sense along with simple applications.

The city has not been made use of fully. There is enough space to handle the demand. Developments are confined to a few clusters although there is space for construction. Aesthetics are mainly reflected in residences whereas a mix of aesthetics and feasibility is indicated in industrial buildings and other business places. In today's context the right kind of architecture would consist of making a workable space with subdued light and air that should be simple, snug and proper. It should provide a relief from the stress of city life. An architect must be honest, genuine and having a contemporary outlook. He should be able to come out with splendid designs and also should keep up with the rules of vaastu.

A smooth change to modernity fitting with the tradition can be accomplished in any kind of construction. The general inclination is to opt for using modern building materials while using the latest technologies available. Space planning has gone from cubicles to wide open spaces that can be altered as needed with stress on flexibility in inner planning. Up to date elements are lighter in feel and appearance and provide more transparency. They are also available in colors that are livelier. Construction today is quick and ready-made being a mix of speed and availability. There are pre-assembled fixtures, frames and panels that are brought to the site. Some necessary application features are present in apartments like water and waste management together with in-house amenities such as a gym and pool. They are designed for community living in which many use the installed facilities. The procedures of construction are done with modem tools and it has become a high order business.

Most people like to have something different and outstanding in their construction. At least a small feature should be distinct from others, such as a small courtyard, a landscaped terrace and the use of latest technology. Most of these are only in the inner spaces and the outer part is unobtrusive. Architecture is an attempt to harmonize creative instincts, space and living in comfort. These together make up the art of living.

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Thursday, February 25, 2016

LAND BILL-A MIXED BAG

LAND BILL-A MIXED BAG

The Real Estate (Regulation and Development) Bill, endorsed by the Union Cabinet as of late, has been met with blended responses, however is relied upon to give straightforwardness and guarantee designers to not defer ventures or redirect assets to different undertakings.

The first has been "watered" down (to decrease the viability or power of something). Prior, engineers needed to set aside 70 percent of the cash assembled from purchasers amid pre-offer of homes and store it, in an escrow (provisional) account. It has now been lessened to 50 percent.

The President of Confederation of Real Estate Developers' Association of India, says certain procurements in the Bill that will hamper reasonableness have not been revised. Also, he told that the optional utilization of a few procurements will seriously influence the improvement movement. Engineers likewise feel that the Bill has done nothing to just the methods for getting arrangement authorize/endorsements. Be that as it may, there are some positive focuses in the Bill, say like Creation of a State Level Regulatory Authority which will help the home purchasers. It is opined that , if this Regulatory Authority draws in proactively with partners in the lodging division, it will be an aid, fundamentally for the financial specialists.

New Realty Bill may accelerate stuck Projects

With the Government getting continuous undertakings under the region of proposed Real Estate Law, the Developers are hoping to accelerate development of existing lodging units to get away from any administrative activity, however supports may be a requirement. Land business sector, has been confronting a colossal deferral of six to seven years in undertaking fulfillments, which thusly has influenced the purchasers' advantage.

With the Approval of Real Estate Bill, the Government brought all the progressing undertakings into its fold, which would should be enlisted with the proposed Regulator after the new law becomes effective.

The CREDAI, the zenith body for Real Estate Developers, contradicted the choice to bring the continuous activities under the proposed Law, saying that the procurements ought to be planned and not retrospective. The main concern is that the review impact of the bill would bring about deferral in progressing tasks on the off chance that they get entrapped in the administrative procedure.

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Wednesday, February 24, 2016

WALL DECORATION TECHNIQUES

WALL DECORATION TECHNIQUES

Since time immemorial interior surfaces of homes have been beautified by artisans and craftsmen with decorative paint techniques. These treatments that attract the eye are in vogue today for the purpose of camouflaging or improving design details or just adding some class to a sober decor.

The main elements of expression in home design are texture, color and form. The structure of the environment is shaped by form and the mood is affected by color and texture. A room can be made colorful through the paint medium with its unlimited shades and methods that open up a new dimension of décor.

Methods of decorative painting are of two types: The first type has faux finishes (faux means false in French) consisting of faux marbling, faux wood graining and Trompe l’oeil (to fool the eye) meaning to copy a real object or material. In the latter category is a style which forms realistic central points or vistas by freehand application.Another class of decorative painting methods consists of treatments that only decorate. In such are included sponging, ragging, combing, stenciling etc that are some of the adorning finishes to liven up interiors.

For simulating rich surfaces without the cost of expensive building material marbling and wood graining are best. Through faux marbling an illusion of the aristocratic natural stone is created in small to large spaces. As natural marble has depth and a variety of color it permits faux painters much liberty to produce finishes ranging from vivid to simple.

The skill of applying various color paints to a uniform base coat is known as sponging and it accomplishes a finish that is multitone. It gives depth and texture to any wall and the depth increases according to the number of colors sponged over the base coat. Shades and sponge tints of the same hue as that of the base coat produce an air of calmness.

In dragging a simple method is used made of only dragging a dry brush across a wet glaze that is applied over a base coat. It produces the texture of fine linen or grass paper. For making a strong visual statement complementary colors should be utilized. For a subdued effect tints and hues of the same color should be used.

Combing is another type of dragging in which a comb is dragged through a wet glaze applied on a dry base coat. Various kinds of patterns may come with this method, e.g. Straight, moiré, wavy, crosshatched and basket weave. The size of comb is according to the scale of the wall. If it is a large wall a wide comb is used and for small walls a narrow comb is used. A restful atmosphere is created through this and therefore it is useful in bedrooms.

An impression of light-hearted joy can be created through splattering color. It is an ancient technique of decorating walls. Using a splatter machine with nozzles that can be adjusted droplets of paint are sprayed on walls. A subtle effect is created when the base coat and splatter color are shades of the same color and an effect of confetti is created when several contrasting colors are used. Through stenciling walls can be decorated by emphasizing an edge or emulating a fabric print. It improves the décor of a room. Stencil borders can be done at any height, whether along the ceiling, at a chair rail height or around a window or door casing.. It is not used only in borders but an illusion of wall paper can be created with a print matching that of the fabrics utilized in interiors.

A method of hiding rough or uneven surfaces is known as ragging especially if flat paint is used both for the base and the glaze. Diverse textures are concocted with different effects that depend on the texture of the fabric and the haphazard wrinkles in the rag. Children’s bedrooms which entail a lot of wear and tear are suitable for this method of painting.

The proportions of the room and our personal tastes and creative ideas determine the category of pattern one chooses. During the festive season especially, walls can be dressed up in an exotic and innovative way.

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Monday, February 22, 2016

ADJUDICATION AS TO STAMPS

The provisions of The Karnataka Stamp Act, 1957 regarding Adjudication as to stamps are as below;

Adjudication as to proper stamps

Section 31(1) When any instrument, whether executed or not and whether previously stamped or not is brought to the Deputy Commissioner, and the person bringing it applies to have the opinion of that officer as to the duty (if any) with which it is chargeable, and pays a fee of (one hundred rupees) the Deputy commissioner shall determine the duty (if any) with which, in his judgement, the instrument is chargeable.

(2) For this purpose the Deputy commissioner may require to be furnished with an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances affecting the changeability of the instrument with duty or the amount of the duty with which it is chargeable are fully and truly set forth therein, and may refuse to proceed upon any such application, until such abstract and evidence have been furnished accordingly:

Provided that –

a)No evidence furnished in pursuance of this section shall be used against any person in any civil proceeding except in any enquiry as to the duty with which the instrument to which it relates is chargeable; and

b)Every person by whom any such evidence is furnished, shall on payment of the full duty with which the instrument to which it relates, is chargeable, be relieved from any penalty which he may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid.

Certificate by Deputy Commissioner

Section 32(1) When an instrument brought to the Deputy Commissioner under section 31, is in his opinion, one of a description chargeable with duty, and

a)The Deputy commissioner determines that it is already fully stamped

b)The duty determined by the Deputy Commissioner under section 31, or such a sum as, with the duty already paid in respect of the instrument, is equal to the duty so determined, has been paid, the Deputy Commissioner shall certify by endorsement on such instrument that the full duty (stating the amount) with which it is chargeable has been paid.

(2)When such instrument is, in his opinion, not chargeable with duty, the Deputy Commissioner shall certify in manner aforesaid that such instrument is not so chargeable.

(3) Subject to any orders made under Chapter VI, any instrument upon which an endorsement has been made under this section shall be deemed to be duly stamped or not chargeable with duty, as the case may be; and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally stamped:

Provided that nothing in this section shall authorise the Deputy Commissioner toendorse-

a)Any instrument executed or first executed in India and brought to him after the expiration of one month from the date of its execution, or first execution, as the case may be;

b)Any instrument executed or first executed out of India and brought to him after the expiration of three months after it has been first received in the State of Karnataka; or

c)Any instrument chargeable with a duty not exceeding fifteen paise or a mortgage of crop (Article 35 (a) of the Schedule) chargeable under clause (a) or (b) of section 3 with a duty of twenty-five paise, when brought to him, after the execution thereof, on paper not duly stamped.

c)Any instrument chargeable with a duty not exceeding fifteen paisa or a mortgage of crop chargeable under clause of section 3 with a duty of twenty five paise,when brought to him, after the execution thereof on paper not duly stamped

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SAFETY PRECAUTIONS TO PREVENT FROM DANGER IN HOMES

SAFETY PRECAUTIONS TO PREVENT FROM DANGER IN HOMES

Although all the fashionable households use preparation gas within the room, it'd be a supply of danger, if there's a gas leak. Inspite of all our precautions, accidents might happen. This danger will be averted by utilizing a tool referred to as a gas leak detected by this device.

Smoke detectors and fireplace alarms square measure helpful in fixing folks, once a hearth breaks out. Glass break detectors assist in detective work an unwanted person by sensing the noise that is created by breaking of glass. Once an unsuspecting trespasser walks through the passive infrared rays utilized in the motion detectors, it catches him/her by setting off an alarm.

Video door phones are currently substantially stylish, as they assist you to envision the one that is outside the door before gap it. The age previous methodology of putting in a thief alarm is often wise. Common sense plays an important half in reassuring security, with or while not these gadgets. Here, are some tips about exploitation this college within the top manner to form certain that you just and your Home, each square measure safe.

The exterior door must not ever be left unattended, even once you are within the House. Don’t build the error of concealment a House key outside the House so as to search out it, if you forget your keys. Once exploit Home, you must not leave any message on the electronic device language that you just square measure exploit Home and once you are going to be back.

Use pin tumbler locks for your doors. Avoid growing a tall hedge around your Home. It’s going to offer privacy, however it conjointly provides a convenient place for a cook to cover in. guarantee smart lighting for the outside which can simply reveal the presence of intruders. Whenever, you permit the room check that to change off the gas. never leave burning candles or agarabathis unattended.

It is a tragic reminder of the State of our World that crime rates square measure raising. Nothing is ready to face up to the ingenuity of contemporary criminals who wish to interrupt in. fortuitously, fashionable police investigation gadgets are turning into a lot of advanced and if we tend to exercise our good judgement, it'll facilitate us at the side of these security systems to beat the crooks at their own game.

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Saturday, February 20, 2016

URBAN ENVIRONMENT IN BANGALORE

URBAN ENVIRONMENT IN BANGALORE

Urban environment is affected in large cities due to too many concrete structures, non-development of new parks and play grounds, neglect of tree planting, improper collection and disposal of solid waste, air, water, and noise pollution, etc. People are suffering from non-communicable diseases due to degradation of environment. Various problems faced for improving environment in Bangalore is explained in this article.

Parks and open spaces:

Parks and open spaces required at the city level is 10% of the urbanisable area. Master plans of the city reserved 10% of the urbanisable area required for the next ten years. But due to non-implementation of this provision by BDA and BBMP, and unauthorized developments in the area reserved without effective development control, the reserved area for parks and open spaces is not available to the citizens.

The areas reserved for parks and open spaces in the BDA extensions and enforced in layouts of housing societies and other private layouts are not developed for a number of years and left as vacant lands where garbage and debris are dumped. Even trees are not planted in the parks reserved / enforced. During nineteen eighties, this matter was considered by Government and after several discussions with the BDA, the City Corporation, Agriculture and Forest Departments, it was decided to hand over all the parks in extensions and the park areas reserved in private layouts to the Green Belt Division of the Forest Department for growing trees. Even Forest Department has the park areas handed over to them by BDA.

Parks are required ill the localities as lung spaces and for people to walk, jog, and exercise. In the absence of developed parks, people walk along the roads. Lalbagh and Cubbon Park developed before Independence, 63 years back, are the only city level parks available in the city with about 8.5 million citizens.

Bangalore Palace area which was reserved as the third major city level park in the successive master plans of Bangalore and acquired by Government under the Urban Land Ceiling & Regulation Act is allowed to continue under the control of the Maharaja's family, and other private agencies who have taken the lands from the Maharaja's family.

Unauthorized buildings have come up in the Bangalore Palace area covering about 400 acres. Citizens are denied the third city level park that would have benefited the posh locality of Palace Orchard and other localities like; Kumara Park, Vasanthnagar, Benson Town, Jayamahal, etc.

Regional parks proposed in the Master Plan on the four sides of the city covering hills and valleys are also not implemented.

About play grounds, it is a horrible situation. Children are forced to play on the roads in the localities and on terrace of apartments. The fatal accident of a boy falling from the terrace of Imperial Court Apartment on Cunningham Road, during October 2010 is one example. In the earlier days, the civic bodies and their officials were people friendly and play grounds used to be provided in all the localities. The schools had playgrounds for children to play. At present, Government and the civic agencies have no interest in providing schools. With the increase in land values, schools run by private sector have no play grounds. Important facility of play grounds is not available to children in the cities nearer to their houses.

BDA, BBMP, and the Horticulture Department have failed in their duties to provide parks and play grounds in the city.

Natural valleys:

Topography of a city area enables draining the rain water to the natural valleys which feed the lakes and rivers with rain water. But this is disturbed by improper planning by BDA and local bodies, and by encroachments. This is the reason for flooding of localities during heavy rains. BDA and earlier the City Improvement Board used to plan their extensions based on revenue survey number maps and not on the basis of the natural terrain. An attempt was therefore made in the Master Plan- 2015 of Bangalore, to show open margins for natural valleys under parks and open spaces. This has helped BBMP and BDA authorities to enforce the margins in the building plans. The margins prescribed are 50 meters, 25 meters, and 15 meters along primary, secondary, and tertiary valleys. If the enforcement is sincerely done at least in the new developments, rain water will flow to the lakes without obstruction by structures.

It is suggested that trees are to be planted in such valley margins to be surrendered by the developers to the local body. The trees to be planted in the valley margins will avoid encroachments and will enable improvement of environment.

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