നിര്മ്മാണ പ്രവര്ത്തനങ്ങള് നടത്തുമ്പോള് പലയിടങ്ങളിലും ബെയിസ്മെന്റ്റ് ഫ്ലോര് നിര്മ്മാണം എന്ന പേരില് വ്യാപകമായ കെട്ടിട നിര്മ്മാണ ചട്ട ലംഘനങ്ങള് നടക്കുന്നുണ്ട്. മറ്റൊരു ഭൂമിയുടെ അതിര്ത്തിയില് നിന്ന് നിയമപരമായി പാലിക്കേണ്ട അകലം ബെയിസ്മെന്റ്റ് നിര്മ്മാണങ്ങള്ക്കും ബാധകമാണ്. പക്ഷെ അതിരിനോട് ചേര്ന്ന് വലിയ കുഴിയെടുത്തു ബെയിസ്മെന്റ്റ് നിര്മ്മിച്ച്, പിന്നീട് തറനിരപ്പില് നിന്ന് മുകളിലേക്കുള്ള നിര്മ്മാണത്തില് മാത്രമാണ് അതിര്ത്തിയില് നിന്നുള്ള നിശ്ചിത അകലം പല നിര്മ്മാണങ്ങളിലും ഉള്ളത്.
(തിരുവനന്തപുരത്ത് നടന്ന അപകടകാരണത്തെ കുറിച്ചല്ല, പൊതുവായാണ് ഈ കുറിപ്പ്)
The term “yard” as in Rule 2(cn) of KMBR is defined as an open space at ground level between a building and the adjoining boundary lines of the plot. The term “building” as defined in Section 2(l) of the KMBR is that, building means any structure for whatsoever purpose and of whatsoever material constructed and every part thereof whether used for human habitation or not and includes foundations, plint, walls, floors, roofs, chimneys, plumbing etc.
PROCEEDINGS FOR APPROVAL WHERE EXCAVATIONS ARE INVOLVED -
11A Approval of site and plans and issue of permit where
excavations to a depth of more than 1.5 metres is involved,-
(1)In the case of constructions/land developments which involve any
earthwork excavation to a depth of more than 1.5 metres, if the depth
of cutting is more than the horizontal distance of such cutting from the
plot boundary, the following provisions shall apply:
Provided that, such provisions are not necessary in cases where
such excavation is carried out for construction of structures such
as wells, septic tank, recharge pits, drainage works, compound
walls and the like.
(2) The application for Development and/or building permit shall be
submitted by the applicant as per the provisions of these rules,
along with a certificate of the Architect, Building Designer,
Engineer, Town Planner, Supervisor as the case may be, who
has prepared and signed the plans, drawings, statements etc. as
to whether permit as envisaged under rule 11A is required.
(3) The application for permit shall also include sufficient copies of,-
(i) dimensioned plan(s) and sectional drawing(s) showing
the levels and depths of cutting at all places in respect of
excavations for building construction and land
development works,
(ii) drawings, specifications and details of temporary and
permanent protective measures proposed and
(iii) drawings, specifications and details of slabs, beams,
columns, retaining walls etc. proposed at the ground
floor level and below.
(iv) details of piles if any, including their drawings,
specifications, erection methods and the like.
(4) The Secretary shall issue permit as laid down in these rules:
Provided that, if any changes or deviations are to be
made, it shall satisfy the provisions of these rules and the same
shall be intimated to the Secretary with revised drawings,
specifications and details as the case may be.
(5) Any written complaint received after the date of issue of the
permit(s) from owners or occupants in the adjoining properties
on the actual or possible damages to their life and property shall
be acted upon by the Secretary as per the provisions in this rule.
(6) Once the earthworks and/or constructions upto the ground level
are completed as per the approved plans, the applicant may in
writing intimate the same to the Secretary and request for
concurrence for carrying out rest of the works. No construction
shall be carried out above the ground level until the Secretary
issues such concurrence as in Appendix C1.
(7) The Secretary shall, if convinced that the works are carried out
satisfactorily as per the permit(s) and provisions of this rule and
no written complaint is received as in sub rule (5), issue
concurrence as in Appendix C1 for carrying out the remaining
works above the ground level as per approved plans within 7
days after intimating the completion of works upto ground level.
(8) If any complaint is received as in sub rule (5), the Secretary
shall:
(i) refer the matter within 5 days to the Technical Expert
Committee constituted as per sub rule (12) and convene
a meeting of the Committee;
(ii) intimate the nature of complaints to the applicant and
call for details and explanation if so desired by the
Committee;
(iii) arrange for site inspections, hearing of the applicants
and/or petitioners, verification of records and arrange for
tests if so required by the Committee and
(iv) take up further action as per the recommendations of the
Committee.
(9) The applicant(s) and/or the petitioner(s) shall attend the hearing
and shall also produce any details called for within the time
specified, if so required by the Committee or the Secretary on its
behalf.
(10) The Committee shall evaluate the damages and fix the
compensation and/or suggest further protective measures, if
any, to be taken by the applicant to solve the issues raised by
the petitioner(s). The amount of compensation shall include the
actual cost of restoration as decided by the Committee and an
additional 30% as solatium:
Provided that the process of the Committee shall be
completed within a total duration of 3 weeks.
(11) Concurrence shall be issued by the Secretary, after ensuring that
the protective measures are carried out to the satisfaction of the
Committee and the compensation is paid by the applicant as per
the decision of the Committee. The actual expenses of the
Committee as intimated by the Secretary shall be paid by the
applicant.
(12) For the purpose of this rule, Government may, constitute
municipal level Technical Expert Committee(s) comprising of the
Secretary (convener), Municipal Engineer/Town Planning Officer
and two experts, one each in Structural Engineering and
Geotechnical Engineering (to be nominated by the Government)
to assess the damage, suggest protective measures and fix the
compensation.
As per the provisions in rule 11 A (5), if a written complaint is received after the date of issue of permit from the owner or occupants in the adjoining properties on the actual or possible damages to their life and property, shall be acted upon by the Secretary as per the provisions in this rule.
