Gated communities are illegal, says BDA chief

But several developers continue to lure buyers and command steep prices for gated communities

Goutham Margabandu, a senior software engineer, frequently traveled to the US and was often away from home for days on end.

His family resides in the city and with him away for long periods, the question of security weighed heavily. Six years ago, he came across a newspaper advertisement by a real estate developer offering independent houses in a gated community off Kanakapura Road. Although on the outskirts of the city, security was guaranteed, there was plenty of space for his children to play and the location was close enough to his office. He purchased a house and he and his family moved in.

The peace was shattered earlier this year when the BBMP razed a portion of the perimeter wall just outside Margabandu’s house and threatened to throw open the roads inside the community to the public. Margabandu and hundreds of others in the community are now waging a legal battle to reclaim their peace.

“We maintained the layout thinking it belongs to us,’’ Margabandu said. “Our children play on the road and we have spent lakhs of rupees on maintenance. Now if its open to the public and outsiders use these roads, we will lose our privacy and endanger our security.’’ BDA Commissioner, Bharat Lal Meena, however, believes Margabandu and the others have no case to fight, as all gated communities are illegal.

“Every layout needs to earmark space for parks, roads and areas of common use. These areas are under the control of civic authorities. When roads and parks inside the community are controlled by civic authorities, how can such layouts be called gated communities?’’ Meena said. “The BBMP issued a circular some time ago saying that there is no such term as gated community,’’ he added.

However, several real estate developers in the city continue to lure buyers into purchasing property by blatantly selling the idea of gated communities and are commanding premium prices. Sterling Developers Joint Managing Director, Shankar Shastri admits the idea is open to debate.

“It is a contentious topic,’’ he said. “Irrespective of whatever advertisements the developers give, the buyers should read the sale agreement carefully. He should also verify the approval plan. If the agreement mentions a future proposal, then it is absolutely the developers right to tinker with the boundary.’’

Feroze Khan, chief operating officer of Vakil Housing Development Corporation, put an entirely different spin on gated communities.

“There are gated communities, but only small apartments can be termed gated community,’’ he said. “If it is a group housing project or layout, then the developer relinquishes 25 per cent of the land to civic authorities. Those portions become public property so it not 100 per cent gated,’’ he said.

Bharat Dhupper, chief marketing officer, Mantri Developers Pvt Ltd revealed gated communities mostly appealed to IT professionals.

“They usually live together,’’ Dhupper said. “They celebrate festivals together, their backgrounds are similar and they frequently travel abroad leaving families behind. So security is an issue. They also develop a sense of ownership over open areas inside the community as they maintain these spaces.’’

Dhupper believes developers need to have a proper plan in place.

“We don’t have situations where we have promised gated communities,’’ he said. “But if you have a proper plan in place before development, these issues dont crop up,’’ he said.

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