While many of us with pride claim that we live in a 'gated community', how many of us really know that the concept of 'gated community' is a marketing term penned by the promoters to lure the investors to buy their properties under the premises of being private colonies. All that is fine, if the promoter lays roads inside his land. But in many cases, public scheme roads are blocked for private usage and in those cases, they are not legally supported.
While many of us with pride claim that we live in a 'gated community', how many of us really know that the concept of 'gated community' is a marketing term penned by the promoters to lure the investors to buy their properties under the premises of being private colonies. All that is fine, if the promoter lays roads inside his land. But in many cases, public scheme roads are blocked for private usage and in those cases, they are not legally supported.
We can often see that after registration of the land, the developer would mask the entire area and take control of the whole area including the public roads and convert them as a part of their layout.
But in reality, barricading layouts and preventing use of those roads by general public is an offense. As per law, there is no special status given to the residents of the gated community to use the roads exclusively for themselves. Do the securities who interrogate every single person who enter the premise know that he is been paid to do an illegal job? Probably, not!
The law reiterates that just because the roads are aesthetically maintained with beautiful fountains and trees by the promoter or the association, the residents of that apartment complex cannot claim ownership of that road. In fact such roads come under the jurisdiction of the respective municipal corporation and maintenance of the roads have to be done through the Corporation and not the association.
Among many such instances that might prevail, one such road that seem to have been blocked from public usage is the road within the Parsn Sesh Nestle Apartments on the Nanjundapuram Road. Not many of us really know that it is a public road and that road could lead us to shorter driving time to Ukkadam or Sungam? Shocking, isn't it?
Belonging to ward no:75, East Zone, Parsn Sesh Nestle has 615 apartments (including villas) who are using this 60 feet scheme road as their private property, which connects Nanjundapuram and Ukkadam.
Though most of the residents knew about the road issue, they choose to be 'silent' as opening up the road would hinder their privacy. Since the inception of this apartment complex, blocking the road from public usage was not OK for Mr. Kanagasundaram, one of the resident who lives in a villa type home in Parsn Sesh Nestle apartment.
Tired of fighting over and over with the Societies (Association), on March 3rd, 2017, Kanagasundaram choose to escalate the issue to the Chief Minister's special cell urging justice and opening up the gates for public usage.
'There are totally 18 societies within the Parsn Sesh Nestle, who pay no heed in addressing this issue as they are bothered more of their privacy rather than public inconvenience.
Kanagasundaram who is the petitioner or complainant shares with us that 'Gated-community is nothing but a hype created by the promoters of the land to sell their homes'. It's is sad and shocking that a majority of the people residing in gated-communities are unaware of the fact that the roads that they use for walking belongs to the Corporation/local body.
People can own villas/apartments but not roads. Beautifying the roads and laying fancy lights doesn't not allow the association or individual to claim rights over the property. It's a misconception!'
The CM cell has passed orders to the Office of Commissioner of Police (COP) to investigate the issue. In this regard, a meeting was called for by DC Traffic, S. Saravanan with both the parties - the complainant, Kanagasundaram and the Federation of Societies (the association of Parsn Sesh Nestle).
It has been reported that the societies failed to submit documents to disprove the accusations. To the contrary, the complainant, Kanagasundaram has filed all supporting legal documents to the investigating officer proving that the entire stretch of 60 feet road inside Parsn Sesh Nestle apartment complex in Nanjundapuram is a public road.
The investigating Officer at the COP office has remarked that the Town Planning Authorities (TPA) have to take further course of action.
'The next course of action legally should be made by the TPA and the Corporation. If in case the documents prove to be right, the gates will be demolished and the roads will be opened for the public like any other road' says Kanagasundaram.
He also added that, 'This is just not a singular case, hundreds of apartments in the city have been prohibiting public usage of roads, like the case in Parsn. Hence, a thorough probe should be conducted on all gated-communities in the city by the Town planning department and the corporation.
Importantly, the buyers of apartments and villas who are lured by the term 'gated community' should be very aware of reality instead of presuming everything to be for their personal use' said the complainant.
Unaware of all these hidden facts, the residents of apartments and villas pay premium money from their pockets to the association for maintaining the aesthetics of the public roads, isn't it a farce? However, these roads are to be maintained by the Corporation like any other road in the city.
Yet again, unknowing of these facts the investors or the residents of those communities exceed their authority over those roads and form their own set of rules, which is yet another offense.
If these roads are open to the public, the vehicles can connect to far off places without using the main arterial roads and it in turn reduces congestion drastically and also lessens the driving time in many cases. Above all, it's an act against the law!