THE FALLACY OF "PRIVATE" PROPERTY AND USE! (Land, Building and such)
You might be wondering, what am I talking about? Private is private! What is not clear? I own it and I can do whatever I want with it! That is exactly what I used to think when I bought my first residential plot! I couldn’t be more wrong! I soon realized that “Private” property is anything but “private”: -)
A short discourse on property and ownership can be found at: http://plato.stanford.edu/
The topic of property ownership and property rights is huge and they have evolved over hundreds of years and there have been numerous and evolutionary judgments on the same from Supreme Courts of India and other superior courts of developed nations. Review of these judgments is a pretty involved exercise and can get pretty deep that the readers herein may not be interested in. Thus we are going to stick to just some basic misunderstanding around this topic. But the gist of it is that many of us believe that private land and commercial building owners being private that the public has no right whatsoever to it in any form or manner. As a matter of fact one of my friend had hard time believing that we have any right at all against a mall owner to insist that he not charge the public a parking fee; as a rent or for the reasons of spending money to provide security and keeping it clean etc!
THE PUBLIC’s RIGHT OVER PRIVATE PROPERTY
The Public’s rights over private property in an important element that most of us are not aware and thus we never assert to such rights. The recognition and claiming of such rights are as important as paying taxes, protecting the environment etc., thus it is not just a right for the sake of it but an important component of our civic life. You will know why once you finished reading the below.
(1) Can a private or govt school close the school and start something else or sell it off for plotted development?
No they can’t. Through Municipal laws the city govt (on behalf of residents) have given specific privilege to that private school owner to construct and run a school for the benefit of the residents. Thus the use of that land has been fixed and also an expectation has been set to the residents around that area. It also automatically accrues value to the community around it. The existence of the school will bring more tenants and house owners to that area on the strength of the fact there is a school nearby. That is to say that the residents around that area have made indirect investment in that school and thus they have a say, an enforceable right, in what happens to that school and the land therein in the future. Thus, the private school (land) owner cannot change its usage without the permission of the community around it. If you live near such a school and face an issue of closure or change in land use therein etc, then you can assert your right to keep that school (with the same management or a different one) thru a court of law! Surprising, but is true!
(2) Can the government (city or state) convert a public park in your neighborhood into commercial complex/hotel/sports complex etc?
They cannot in general. In very exceptional case it can be done by following the due process of the law; which requires the respective development plan of the city be modified after calling for objections and taking into consideration of any objections (in judicious manner) from residents and public. No government has authority in law to just issue such a G.O or modify the development plan whimsically or for political consideration. Though there has been many instances of such G.Os., whenever such G.Os were objected and taken to the court, the court has always stayed such G.Os in every such cases!
Thus, if you are in a situation like that, then do collect sufficient documentation and challenge such decisions. Communities need open and park spaces and converting them into something else is a crime against the residents of the neighborhood!
(3) Can a residential building converted into a commercial property?
Absolutely not; unless the community agrees to it after following the due process. The due process includes making an application with the city govt for the approval of the proposed conversion, then the city govt must make public announcements of the same, hear objections, and then judiciously decide to accept/reject such application.
(4) I have a theatre/shopping mall/pond/lake/approved parking space/canal in my neighborhood that is valuable to me and the community, that either the govt or the private party is trying to convert into something else. Can I stop them?
Yes you can. As was observed before, all amenities of public interest that requires specific approval form the City Govt to construct or was a natural public resource (such as pond/lake/canal etc), then such things cannot be altered by anyone in vast majority of the cases. Very few exceptions are possible and in most cases both the government and/or private interested parties do not follow the due process of the law and thus, one can easily get a stay on such actions by govt or private parties.
(5) I am interested in building a commercial building (of any kind) with my hard earned and tax paid money. Why should I be restricted by the Development Control Rules, not allowed to change its use in the future etc? After all it is my private property, and I should be able to do whatever I want with it!
You couldn’t more wrong. A commercial property stands in a different footing than simple private property. Here are some of the key reasons for the same:
- Commercial buildings/complexes are allowed only based on development plan and thus it is something that is available only to a fraction of land owners.
- The infrastructures and funds required to make a Commercial building viable, such as broad roads, road connectivity etc is provided by the public and public fund. i.e the Commercial building owner don’t pay for everything to make it a Commercial building.
- Since only limited land owners are given Commercial building approval, for every such approval there are many land owners who are denied the same; due to the development plan that is created in the interest of the public at large.
- The existence of some of these commercial properties enhances the utility of the neighboring residential areas, thereby increasing its market price that a buyer needs to pay. Thus any changes to the commercial properties are not just a private decision as it affects both residential and other dependent businesses around it!
Similarly, restrictions are imposed on residential properties as well due to the above and the rights of other property owners and public in general.
You might be wondering, what am I talking about? Private is private! What is not clear? I own it and I can do whatever I want with it! That is exactly what I used to think when I bought my first residential plot! I couldn’t be more wrong! I soon realized that “Private” property is anything but “private”: -)
A short discourse on property and ownership can be found at: http://plato.stanford.edu/
The topic of property ownership and property rights is huge and they have evolved over hundreds of years and there have been numerous and evolutionary judgments on the same from Supreme Courts of India and other superior courts of developed nations. Review of these judgments is a pretty involved exercise and can get pretty deep that the readers herein may not be interested in. Thus we are going to stick to just some basic misunderstanding around this topic. But the gist of it is that many of us believe that private land and commercial building owners being private that the public has no right whatsoever to it in any form or manner. As a matter of fact one of my friend had hard time believing that we have any right at all against a mall owner to insist that he not charge the public a parking fee; as a rent or for the reasons of spending money to provide security and keeping it clean etc!
THE PUBLIC’s RIGHT OVER PRIVATE PROPERTY
The Public’s rights over private property in an important element that most of us are not aware and thus we never assert to such rights. The recognition and claiming of such rights are as important as paying taxes, protecting the environment etc., thus it is not just a right for the sake of it but an important component of our civic life. You will know why once you finished reading the below.
(1) Can a private or govt school close the school and start something else or sell it off for plotted development?
No they can’t. Through Municipal laws the city govt (on behalf of residents) have given specific privilege to that private school owner to construct and run a school for the benefit of the residents. Thus the use of that land has been fixed and also an expectation has been set to the residents around that area. It also automatically accrues value to the community around it. The existence of the school will bring more tenants and house owners to that area on the strength of the fact there is a school nearby. That is to say that the residents around that area have made indirect investment in that school and thus they have a say, an enforceable right, in what happens to that school and the land therein in the future. Thus, the private school (land) owner cannot change its usage without the permission of the community around it. If you live near such a school and face an issue of closure or change in land use therein etc, then you can assert your right to keep that school (with the same management or a different one) thru a court of law! Surprising, but is true!
(2) Can the government (city or state) convert a public park in your neighborhood into commercial complex/hotel/sports complex etc?
They cannot in general. In very exceptional case it can be done by following the due process of the law; which requires the respective development plan of the city be modified after calling for objections and taking into consideration of any objections (in judicious manner) from residents and public. No government has authority in law to just issue such a G.O or modify the development plan whimsically or for political consideration. Though there has been many instances of such G.Os., whenever such G.Os were objected and taken to the court, the court has always stayed such G.Os in every such cases!
Thus, if you are in a situation like that, then do collect sufficient documentation and challenge such decisions. Communities need open and park spaces and converting them into something else is a crime against the residents of the neighborhood!
(3) Can a residential building converted into a commercial property?
Absolutely not; unless the community agrees to it after following the due process. The due process includes making an application with the city govt for the approval of the proposed conversion, then the city govt must make public announcements of the same, hear objections, and then judiciously decide to accept/reject such application.
(4) I have a theatre/shopping mall/pond/lake/approved parking space/canal in my neighborhood that is valuable to me and the community, that either the govt or the private party is trying to convert into something else. Can I stop them?
Yes you can. As was observed before, all amenities of public interest that requires specific approval form the City Govt to construct or was a natural public resource (such as pond/lake/canal etc), then such things cannot be altered by anyone in vast majority of the cases. Very few exceptions are possible and in most cases both the government and/or private interested parties do not follow the due process of the law and thus, one can easily get a stay on such actions by govt or private parties.
(5) I am interested in building a commercial building (of any kind) with my hard earned and tax paid money. Why should I be restricted by the Development Control Rules, not allowed to change its use in the future etc? After all it is my private property, and I should be able to do whatever I want with it!
You couldn’t more wrong. A commercial property stands in a different footing than simple private property. Here are some of the key reasons for the same:
- Commercial buildings/complexes are allowed only based on development plan and thus it is something that is available only to a fraction of land owners.
- The infrastructures and funds required to make a Commercial building viable, such as broad roads, road connectivity etc is provided by the public and public fund. i.e the Commercial building owner don’t pay for everything to make it a Commercial building.
- Since only limited land owners are given Commercial building approval, for every such approval there are many land owners who are denied the same; due to the development plan that is created in the interest of the public at large.
- The existence of some of these commercial properties enhances the utility of the neighboring residential areas, thereby increasing its market price that a buyer needs to pay. Thus any changes to the commercial properties are not just a private decision as it affects both residential and other dependent businesses around it!
Similarly, restrictions are imposed on residential properties as well due to the above and the rights of other property owners and public in general.
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