Encroachments in Low-Income Housing Encroachment of Building Setbacks Is Rampant in Our Towns and Cities
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case study pratap RAO ENCROACHMENTS IN LOW-INCOME HOUSING Encroachment of building setbacks is rampant in our towns and cities. This article tries to focus on what could be done in building design and bye-laws to avoid such encroachments with a case study ncroachment means unlawful entering upon the land, property or the rights of another. In the present context, it means a building extending beyond the legal boundaries. People tend to encroach upon building setbacks with additions & alterations after construc- tion for various reasons. This happens not only in independent Ehouses but also in group housing. These changes can be commonly classified into two categories 1. Horizontal: Horizontal encroachments are front, side and rear setbacks of the building. 2. Vertical: Vertical encroachments are construction of additional floor space above roof level. A. Need of building setbacks: Building setbacks have a number of uses such as: 1. They allow privacy between neighbours and reduce property disputes. 2. Provide space for light and air circulation. 3. Provide open space for landscaping and recreation. 4. Setback distances between neighbours mitigate noise and odours. 5. They give adequate room for emergency vehicles between and around the buildings. 6. Provide access for workers to deal with power, water and communication lines. 7. They provide space for regular maintenance work of the building. 8. Setbacks allow space for vehicles to park in front of their buildings without blocking the road. 9. They improve street visibility and vehicle maneuvering. 30 ARCHITECTURE - Time Space & People April 2014 B. Importance of setbacks in building bye-laws: A building setback is an important part of zoning regulations and urban local bodies are expected to enforce the setbacks stringently. Usually all buildings are designed as per building bye-laws prevailing at that particular place and time. These bye-laws can be broadly classified into: 1. Front, rear and side setbacks for ground level. 2. Building height. 3. Floor space index (FSI) or total floor area permissible for construction. 4. Land coverage to provide open space within the plot area. Normally urban local bodies like municipality or Municipal Corporation does not approve any building plan without conformation to local build- ing rules and regulations. Though this is true on paper, but it is not true on Fig.1 Location map of Puducherry the ground. People tend to construct (Source: Google maps) violating the local building rules and regulations by pleading ignorance or Yanam in Andra Pradesh and Mahe on are located in the southwest side of exhibiting arrogance. Ordinary citi- the West Coast in Kerala. the city centre. zens cannot control these violations. The town of Puducherry is the Cap- The urban local body alone has the ital of the Union Territory. It is about D. Case study area: legal right to take any action against 162 kms south of Chennai located on Viduthalai Nagar these violations, but they tend to the Coromandel Coast of the Bay of LIG housing colony, ignore pleading dearth of staff out of Bengal. The City of Puducherry has Puducherry fear or favour. recorded history of the Colonial Pow- Viduthalai Nagar LIG housing colony Encroachment of building set- ers like the Dutch, Portuguese, English located in Ward 37 of Puducherry backs is elaborated below with a case and the French. French architectural Municipal Corporation was designed study of Low-income group housing styles are conspicuous reminding the by Puducherry Town & Country project in Puducherry. years that the territory formed part of Planning Department and executed French India. by Puducherry Housing Board with C. Brief introduction of Total area of Puducherry urban HUDCO financial assistance in 1990. Puducherry agglomeration is 56.24 sq.km and a The total area is 2.5 hectares. There The Union Territory of Puducherry population of 6,54,392 ( as per Census are 520 dwelling units. There are 65 comprises of 4 coastal regions - Pu- 2011). Puducherry city consists of 42 blocks (Type I- 27, Type II- 22 and Type ducherry, Karaikal, Yanam and Mahe. wards. Wards 1-10 are located in north III- 16). Area under residential use is 70 Puducherry and Karaikal are situ- of the city. Wards 11-19 are located in percent, roads 22 percent and open ated on the East Coast in Tamil Nadu, Boulevard Town and remaining wards spaces 8 percent. April 2014 ARCHITECTURE - Time Space & People 31 case study Fig.2 Location map of Viduthalai Nagar, Puducherry (Source: Google maps) Design features adopted to avoid encroachment of setbacks: 1. High density and low-height building construction scheme was adopted to accommodate maximum number of people in the area. 2. Three type designs were adopted in the layout for unity and variety in the design. 3. Side setbacks are eliminated by adopting row housing concept. 4. Minimum front and rear setbacks were provided as it was a low- income housing colony. 5. Staircase access was not provided to the terrace floor to avoid misuse Fig.3 Type-I (Source: Puducherry Town & Country Planning Department) 32 ARCHITECTURE - Time Space & People April 2014 like drinking and gambling, and also to curb illegal extension of further floors. 6. The rear setbacks of the blocks were used to provide open drainage and sewerage lines because there was no underground drainage and sewerage in Puducherry. 7. The side gaps between the blocks were used to provide septic tanks as there was no underground Fig.4 Type-Ii (Source: Puducherry Town & Country Planning Department) sewerage in Puducherry. Encroachments in the layout: 1. Most of the encroachments are on the front setbacks during the early years. 2. Rear encroachments increased during the later years. However they are limited due to open drainage and sewerage lines in the back side. 3. As there was no staircase access to the terrace, vertical encroachments are less. 4. At present some blocks are Fig.5 Type-III (Source: Puducherry Town & Country Planning Department) dismantled or altered for various Fig.6 Arial view during early years of development (Source: Google earth) April 2014 ARCHITECTURE - Time Space & People 33 case study Fig.7 Street view during early years of development (Source: Puducherry Housing Board) Fig.9 Street view of present development (Source: Google earth) Fig.8 Arial view of present development (Source: Google earth) reasons by the residents due to into consideration to avoid encroach- is either misused or encroached increasing land values. ments in building setbacks in the upon losing its very purpose and 5. The street view has changed design stage: causing loss of revenue to the drastically at the ground level due 1. Maintaining building line without developing government agency. to front setback encroachments. front setbacks. Demarcating boundaries of build- 2. Eliminating side setbacks. ing plots (for independent houses) E. Design features to avoid 3. Minimizing rear setbacks. or building blocks (for group encroachments: 4. At present open spaces between housing) will fix responsibility of The following features may be taken building blocks in group housing maintaining open spaces. Thus 34 ARCHITECTURE - Time Space & People April 2014 encroachment of precious govern- use design skills to curb these d. Hefty fines to regularize ment land can be discouraged. violations provided sufficient unauthorized encroachment freedom is given to design. of setbacks. F. Architects role in curbing 4. At present it appears only e. Dismantling encroachments in encroachments strict building bye-laws alone extreme cases. 1. In the case of private individual can contain to certain extent houses, an architect can do the violation of building rules. References: nothing but to educate the client Some of these stringent 1. Web site of Puducherry about the need of setbacks and its building bye-laws which can Housing Board legal implications. be initiated are: 2. Web site of Puducherry Town & 2. In the case of private group a. Mortgaging of floor area or Country Planning Department housing projects, the builder has land area to the urban local 3. Model Building bye-laws of TCPO, the final say on anything because body till the completion of New Delhi it is a commercial venture to the building. 4. Building bye-laws of DDA, make money. An architect can b. Discouraging balconies New Delhi only guide the builder about the and other projections into need of setbacks and its legal the setbacks. complications. The urban local c. Mandatory building rules body alone can take legal action compliance certificate to Pratap Rao is Consulting Architect and Town Planner. against the violating builder. get services like electricity Photographs and Illustrations: 3. In the case of govt. group and water supply before Courtesy the Author. housing projects, an architect can occupation of the building. Estd : 2009 Run by : Hitkarini Sabha, Jabalpur Hitkarini College of Architecture & Town Planning Approved by: C.O.A. New Delhi | Recognized by: D.T.E. (M.P.) | Affiliated to: R.G.P.V. Bhopal (M.P.) Hitkarini Hill, Jabalpur Airport Road, Tembher, Jabalpur (M.P.) - 482005 Phone/Fax: 0761- 260 2226 Email: [email protected], Web: www.hcatp.hitkarini.com COURSE OFFERED NATA TEST FACULTY POSITIONS B.ARCH. 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