Builders dig basements too close for comfort

According to municipal bylaws, those intending to construct basements on a plot measuring, say, 100 sq yards must leave a setback of 3 m on the front and back of the plot. The earlier rule also stipulated that the basement on a plot surrounded by built-up structures must provide for a 2 m setback on either side of the plot to prevent damage to existing buildings.

8220;The scooping of earth too close to the existing building while digging for the basement exposes the foundation of the existing building, weakening it in the process,8221; maintains Sudhir Vohra, practicing architect who has taken up the cudgels on behalf of such affected residents. According to the municipal town planner V.K. Bugga, however, the latter part of the rule was relaxed before revising the bylaws.

There have been several cases in south Delhi8217;s Chittranjan Park area alone wherein neighbouring buildings developed serious cracks due to such digging.

M. Majumdar of C.R. Park has in fact slapped a court case against his next door builder to seek compensation for the serious damage caused to his house due to digging of basement to close to his plot line. House numbers 1357 and 1355 in block-G and 391 and 393 in block-B are others which have been affected.

More recently, the owner of house number 52/15 has petitioned the municipal commissioner and local MLA Subhash Chopra, drawing their attention to the flagrant violation of rules by builders. S.B. Mukherjee fears damage to his building as the civic authorities are ostensibly clearing the building plan for the proposed structure next door without the mandatory setbacks.

Incidentally, the builders are required to file an indemnity bond page 132, appendix N8217; of the bylaws stating that the owner indemnifies before the civic agency that he will be responsible for any loss to the neighbouring structure/s or disturbance/damage to the soil line of the adjoining plot, on account of the construction of the basement.

8220;In reality, the rule is rarely enforced, allowing the builders to get away with everything,8221; says Jyotirindra Chakraborty, president of the East Pakistan Displaced Persons EPDP Association, which took up the issue of unauthorised constructions in their area with the Delhi High court two years ago. The case is coming up again on January 29 next year.

The civic officials in the Central zone feign ignorance of the regulation that stipulates the setback, citing revised bylaws that have considerably increased the permissible floor area ratio FAR the extent of construction allowed on a given plot of land. The revised bylaws have also permitted the construction of basements without counting them in the overall FAR.

8220;But there is no word on any change in setbacks, implying that earlier rules on setbacks remain effective,8221; Vohra insists.

Bugga retorts that the present stipulation was completely justified 8230;.as leaving setbacks on all the four sides would defeat the very objective of creating more space in basement8230;.