Classic Orchards Bengaluru A villa community Subbu Hegde

Classic Orchards, Bengaluru : A villa community. Subbu Hegde 12 th Feb, 2015

What are villa/gated communities? • Group housing with security and amenities for good living. • Option to choose/build your house as per your taste. • Places for green houses. • Environment friendly initiatives. • Safety and harmony. • Community participation.

Classic Orchards Property Owners Association (COPOA) • Formed by the developers in 2001 with responsibility for maintaining the roads, parks, civic amenities and common services. • Registered under Societies Registration Act of Karnataka in 2001. • Every plot owner is a member by a covenant in the Sale Deed. • Source of revenue: (1) Interest on Corpus Fund contributed by plot owner while buying and (2) Yearly Maintenance fee. • Governed by Managing Committee elected one in 2 years. • Maintaining the 70 acre estate with 500 plots since 2001 -02.

Examples of excellence • Water management • Sewage management • Garbage management • Solar, wind and other energy initiatives • Road, park and recreation facility management • Security and law & order • Transparency and ethics in accounting and administration

Problems faced by COPOA • Developers not handing over common areas to BDA and encroaching CA sites. • Planning and civic bodies not taking responsibility. • Absence of law to define roles of developers, civic bodies and planning authorities. • Corrupt politicians and bureaucrats joining developers to defy the court orders.

The Promise : A gated community with security, greenery, comfort and luxury. • Only 220 plots, a club house, a swimming pool, Play ground, tennis court, STP, Municipal water. • Single dwelling units (villas) to be built by plot owner. • Civic amenities, parks, play grounds and open spaces as per town planning rules (45% of area).

Year 2010 – Key developments June 2010 : During Special General Body meeting, 93% of members present said NO to apartment complex in playground and opted for taking legal course by forming legal committee • Legal Notice: After seeking legal opinion and rights of members and association, legal notice was served by COPOA asking APD not convert parks and open sites into sites, not construct apartment in civic amenities area, not to extend the layout, demolish illegal structures in common areas and set right the irregularities committed.

Year 2010 – Key developments Sep 2010 : • During Annual General Body meeting, developers men come in large numbers and force the President to withdraw legal notice. • When members protested, ruffians were let loose on them.

Year 2011 – Attack on COPOA office staff Mar 2011: Forcible encroachment of park in Phase II and attack on COPOA office staff.

Mar 2012 –Legal case filed by APD against COPOA • Legal case was filed by the Developers in March 2012 against COPOA, claiming ownership of the clubhouse and seeking injunction against COPOA making any repair of the clubhouse.

• The breach of various promises by the developers and the continuing encroachment of parks and play grounds was explained to the members by the MC in a meeting in 2012, with illustration as below: STOP! Or turn a blind eye and allow them to fill their pockets while you pay for it!

• Jul - Nov 2012: Attempts made for dialogues in the backdrop of continuous attacks on association. • During AGM Sep 2013, members took the decision to pursue the legal option as the dialogues were not working for them. • Association filed the civil suit against developers for stopping further encroachment of parks and civic amenities and hand them over to the association as required by law.

• When civil suit did not get the desired result even after 2 years, COPOA withdrew it and filed a writ petition in the High Court in March 2014 against BDA to take control of the common areas and hand them over to COPA, as per BDA rules. • Court delivered the judgement in Oct 2014 in favour of the COPOA. The case forced the developers to say in the court that “roads, parks, open spaces, etc. of Classic Orchards have already been surrendered to BBMP”!