Fencing of private land in gated community
5 years ago
I am the owner of a 2500 sqft house built in a 2900 sqft land in a gated community in Bangalore. I have put wired fencing (of around 3.5 feet) around the site only in the private land. The owner of an adjacent plot complained that Bmrda does not approve fence beyond 2 feet. Kindly advice whether such a rule exist in a gated community?
ROBERT D ROZARIO
Responded 5 years ago
A.Contact a local lawyer from Vidhikarya
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A.All are confused. Your neighbour is bluffing , BMRDA`s job is that of approval of a layout, it does not interfere in a site owned registered to you. Once approval is given, it is the local Municipality or BBMP which has right to act on any of its bye-laws.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client you need to discuss with local property lawyer but under section 335 of the THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976 it says that The Commissioner may by notice require the owner or occupier of any building or land near a public street to,-
(a) fence the same to the satisfaction of the Commissioner; or
(b) trim or prune any hedges bordering on the said street so that theymay not exceed such height from the level of the adjoining roadway as the Commissioner may determine; or
(c) cut and trim any hedges and trees overhanging the said street and obstructing it or the view of traffic or causing it damage; or
(d) lower an enclosing wall or fence which by reason of its height andsituation obstructs the view of traffic so as to cause danger.
under section 399 of said Act also says that The owner of, or other person having control over, any private burial ground shall fence and maintain the same properly to the satisfaction of the Commissioner.
(a) fence the same to the satisfaction of the Commissioner; or
(b) trim or prune any hedges bordering on the said street so that theymay not exceed such height from the level of the adjoining roadway as the Commissioner may determine; or
(c) cut and trim any hedges and trees overhanging the said street and obstructing it or the view of traffic or causing it damage; or
(d) lower an enclosing wall or fence which by reason of its height andsituation obstructs the view of traffic so as to cause danger.
under section 399 of said Act also says that The owner of, or other person having control over, any private burial ground shall fence and maintain the same properly to the satisfaction of the Commissioner.
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Neeraj Kumar
Responded 5 years ago
A.You can put wired fencing around your Gated Community but according to the satisfaction of the commissioner (under section 399 of the THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976) and for more information do also read Section 335 of the same Act.
Hope you will be satisfied with this.
Hope you will be satisfied with this.
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