Whose Heritage is it anyway?

Mar 15 min read

Is it BDA /BUAC or is it BBMP?

This KTCPA act says BDA . The 2020 BBMP act says BBMP . So whose heritage is it then?

The Bruhat Bengaluru Mahanagara Palike (BBMP) Heritage Conservation Committee is responsible for the protection, conservation, and maintenance of heritage buildings and sites in Bengaluru. The committee's functions include:

Identifying and listing heritage buildings
Restoring and conserving heritage buildings and sites
Creating regulations for heritage buildings and precincts
Evaluating repair costs
Approving special designs
Conducting awareness programs

The committee is made up of members from various fields, including:

Chief commissioner
Chief town planner
Representatives from city corporations
Representatives from public works
Representatives from architecture
Representatives from engineering
Representatives from environmental fields

The committee also has the authority to co-opt additional members with relevant experience

CHAPTER – XXI URBAN HERITAGE

292. Protection, Conservation and Maintenance of Urban Heritage. –

(1) The Corporation shall be responsible,-

(a) To conserve or preserve heritage buildings or sites and heritage areas of historical, architectural, cultural, environmental or ecological significance or sites of scenic beauty that they a r e not adversely affected by any new development within the Greater Bengaluru Area;

(b) To enhance the elements of urban plan and built character including landscape of the city;

(c) To provide the guidelines with regard to demolition, protection, conservation or re-building of and alterations or additions to the existing building those are to be designated and conserved in heritage areas.

(2) The Corporation in consultation with the Greater Bengaluru Authority shall issue regulations or bye-laws for the implementation of this chapter in accordance with those orders, rules, regulations, bye- laws or guidelines issued by the Central Government or the State Government from time to time.

293. Preparation of List of Heritage Sites Including Heritage Buildings, Heritage Precincts and Listed Natural Features Areas.- (1) The Commissioner shall prepare and supplement a list of heritage sites including Heritage Buildings, Heritage Precincts and listed Natural Features Areas on the advice of the Heritage Conservation Committee.

(2) Before being finalized, objections and suggestions of the public are to be invited and considered.

(3) The list may be supplemented from time to time by the Commissioner upon the recommendations of the Government. When a building or group of buildings or natural feature areas are listed it would mean, unless otherwise indicated, that the entire property including its entire compound / plot boundary along with all the subsidiary structures and arte facts, with in the compound/plot boundary, hall form part of the list.

294. Incentives for Heritage Buildings.-The Corporation may provide incentives to the owners or occupiers of heritage buildings included in the Heritage Conservation List, in such manner as may be prescribed, which may include provision financial support, exemption from property tax, and such other incentive as may be deemed necessary to assist in the preservation of heritage buildings in the existing state, and to preserve its heritage state with due repairs:

Provided that, if the heritage building is not maintained suitably or if the heritage value of the building is spoiled in any manner, the incentives may be revoked and such penalties may be levied, as prescribed.

295. Appointment of a Heritage Conservation Committee.- (1) The State Government shall constitute a Heritage Conservation Committee endowing it with such powers and functions as may be prescribed.

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(2) The Commissioner, on the advice of the Heritage Conservation Committee, shall frame appropriate regulations for the protection, conservation and maintenance of heritage buildings and sites in the city.

(3) The Heritage Conservation Committee shall comprise of:

(i) The Chief Commissioner(ii) The Chief Town Planner, Greater Bengaluru

Authority

(iii) The Commissioner of all City Corporations in Greater Bengaluru Authority

(iv) Additional Chief Town Planners of all City Corporations in Greater Bengaluru Authority

(v) An Architect from Public Works Department

(vii) An Architect having ten years of experience nominated by the Government

(viii) An Urban Designer nominated by the Government

(ix) A Conservation Architect with five years of experience nominated by the Government

Chair person Member- Secretary

Member Member Member

(vi)

A Structural Engineer with experience of ten years in the field and membership of the Institution of Engineers, India

Member

(x)	An Environmentalist with in-depth knowledge and ten years‟ experience in the field nominated by the Government	Member
(xi)	A Historian having in-depth knowledge and ten years‟ experience in the field nominated by the Government	Member
(xii)	A Natural historian having in-depth knowledge and 10 years‟ experience in the field nominated by the Government	Member

(xiii) A Representative of the central Archaeological Department
(xiv) A Representative of the State Archaeological Department

Member Member

(4) The Committee shall have the powers to co-opt up to three additional members who may have related experience.

(5) The working of the Committee shall be such as may be prescribed.

(6) The tenure of the Chairperson and Members of the

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Committee, other than any official representative, shall be three years.

296. Grading of Heritage Buildings and Sites.- (1) The Heritage Buildings and Heritage Precincts listed shall be graded into categories as laid down in Schedule II.

(2) Any modification, repair, change in facade, interior or exterior, that could alter the character of the building or site or precinct shall be made to the extent permitted in Schedule II and in accordance to any orders, rules, regulations, bye-laws or guidelines issued to this effect.

297. Functions of the Heritage Conservation Committee.-The Heritage Conservation Committee shall carry out the following functions –

(a) To undertake identification and listing of heritage buildings and precincts which need to be notified as and recommend the same to the City Corporations for inclusion.

(b) To recommend to the City Corporations whether development permission should be granted to the Heritage Buildings;

(d) To approve special designs and guidelines for notified buildings and control of height and essential façade characteristics of the buildings and suggest suitable designs and adopting new materials for replacements keeping the old form intact to the extent possible;

(e) To frame special regulations for Heritage Buildings and Heritage Precincts and furnish the same to the City Corporations;

(f) To undertake such actions as may be necessary for the physical conservation and restoration of urban heritage buildings and sites in the city;

(g) To undertake such programs and projects for generating awareness about heritage including educational programs, identification and listing of heritage resources, conducting heritage walks, organizing lectures, seminars and conferences dedicated to heritage in the city.

298. Ownership not affected.- (1) Being listed as a heritage building requires the usage of the building to be in harmony with the conditions prescribed for, based on its Grade and does not impose any restriction on the sale or purchase of such a

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building and does not require permission from the City Corporations or Heritage Conservation Committee.

(2) The City Corporations shall have the first right of refusal over sale of any listed heritage building.

Section 301 of the Bruhat Bengaluru Mahanagara Palike (BBMP) Act, 2020 deals with the constitution of a Heritage Conservation Committee:

Purpose
The committee is a key part of the proper planning and management of the Bengaluru metropolitan area.
Petition
In June 2023, a public interest litigation (PIL) was filed by S Umapathi Advocate, seeking the constitution of the committee. The petition claimed that the lack of the committee and other panels was leading to issues like haphazard growth, traffic, water shortage, pollution, and loss of heritage buildings.
Response
The Karnataka High Court issued a notice Jun 2023 to the state government and the BBMP, directing that the matter be listed after two weeks.

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