Impact of Road Widening on Properties in Karnataka

Road widening projects are a significant component of Karnataka's urban infrastructure development. These projects aim to reduce traffic jam, improve connectivity, and accommodate the growing number of vehicles in major cities like Bengaluru, Mysuru, and Mangalore. However, they often substantially impact properties, especially those adjacent to the roads being expanded. Property owners can face partial or complete loss of land, changes in property boundaries, and potential alterations in property value.  
 

In this article, we will explore the implications of road widening projects on properties in Karnataka, the legal framework governing such projects, compensation rights for property owners, and the process involved in land acquisition for these developments.

 Road Widening Projects in Karnataka

The Karnataka government and urban development authorities, such as the Bangalore Development Authority(BDA) and the Public Works Department (PWD), regularly undertake road widening projects to expand existing roads, develop new flyovers, and decongest critical traffic corridors. These projects are part of more extensive city master plans, such as the Revised Master Plan for Bengaluru 2031, and are essential for urban infrastructure development.

While these projects are intended to benefit the public, they also bring potential benefits to property owners, particularly those who own properties adjacent to main roads or highways.

Legal Framework Governing Road Widening Projects

Road widening projects in Karnataka are primarily governed by:

• The Karnataka Urban Development Authorities Act, 1987
• The Karnataka Town and Country Planning Act, 1961
• The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013
• Bangalore Revised Master Plan 2031

These laws outline the legal procedures for land acquisition, the rights of property owners, and the methods for calculating compensation. The government has the power to acquire land for public purposes, including road widening projects, through its urban development authorities.

How Road Widening Affects Property Owners

Property owners face multiple challenges when their land is earmarked for road widening projects. The main impacts include:

Land Acquisition and Loss of Property

Road widening projects typically require acquiring land from adjacent properties. In some cases, only a tiny strip of land may be needed, while others may acquire significant portion of the entire property.

Reduction in Plot Size

When part of a property is taken for road expansion, it reduces the overall plot size. This can affect the usability of the remaining land, especially if the original plot was small.

Alteration of Building Setbacks

Following road widening, building setbacks (the distance between the building and the property boundary) may need to be adjusted. This can lead to violations of building codes, requiring property owners to modify or demolish parts of their structures.

Change in Property Value

The impact on property value can vary. While improved road access can increase commercial value in some areas, loss of land and proximity to high-traffic roads can lower residential property values.

Noise and Pollution Levels

Properties that were previously shielded from main road traffic may experience increased noise and pollution levels after road widening, which can affect the living environment.

Compensation for Affected Property Owners

Property owners are entitled to fair compensation if their land is acquired for a public project under the Right to Fair Compensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Act, 2013. Critical aspects of compensation include:

1. Market Value of the Land: Compensation is calculated based on the land's current market value, which is determined by considering recent sale prices of similar properties in the area.

2. Compensation for Structures: If a building or structure is affected, the owner is compensated for the cost of rebuilding or repairing the structure, considering depreciation and age.

3. Solatium: A solatium (additional compensation for inconvenience) is provided, typically 100% of the compensation amount.

4. Rehabilitation and Resettlement: When the entire property is acquired, owners may be offered an alternative site or assistance in relocating.

Procedure for Land Acquisition in Road-Widening Projects

The land acquisition process for road widening projects follows a defined procedure under the Karnataka Urban Development Authorities Act and the 2013 Land Acquisition Act:

1. Preliminary Notification: A preliminary notification informs property owners about the government's intent to acquire the land. This notification includes details of the project, the area to be acquired, and the reasons for acquisition.

2. Survey and Objection Period: The authorities conduct a detailed land survey, marking boundaries and recording ownership details. During this period, property owners have the right to file objections.

3. Hearing and Final Notification: After reviewing objections, a final notification is issued. If no significant changes are made, the land acquisition process moves forward.

4. Valuation and Compensation Determination: The land and structures are valued, and compensation is determined based on the legal framework. The amount is communicated to the property owners.

5. Payment and Possession: Once the compensation is paid, the government takes over the land. Property owners must vacate the acquired portion within a specified timeframe.  
 

Dispute Resolution for Compensation Issues

Your Rights and Options If property owners are not satisfied with the compensation offered, they have the right to dispute it. The dispute can be resolved with the Land Acquisition, Rehabilitation, and Resettlement Authority or local civil courts. Key points to consider:

• Property owners should gather evidence of recent market transactions to support their case.
• Engaging a legal expert familiar with Karnataka's land acquisition laws can help negotiate a higher compensation amount.

Strategies for Property Owners to Minimize Impact

Property owners can adopt various strategies to minimize the impact of road widening projects:

Proactive Engagement: Engaging early with authorities to understand the scope of the project and seek clarifications on how much land will be acquired is crucial. This proactive approach can help property owners prepare for the impact of the road widening project and make informed decisions about their property. 

Modify Existing Structures: Suppose only a tiny portion of the property is affected. In that case, modifying the remaining structure to comply with setback regulations can help retain property value.

Leverage TDR (Transferable Development Rights): In some cases, the government offers Transferable Development Rights (TDR) as compensation. TDR allows property owners to transfer the right to develop their land to another location or sell it to a developer. This can be a valuable compensation option for property owners affected by road widening projects.

Explore Alternate Uses: Property owners can explore alternate uses if the remaining land is unsuitable for its original use. For instance, they can consider converting residential properties into small commercial units if zoning laws permit, or they can use the land for parking or landscaping. This can help property owners make the most of their remaining land after a road widening project.

Conclusion

Road widening projects are essential for developing and modernizing Karnataka's cities. However, they also present significant challenges for property owners. Understanding the legal framework, compensation rights, and available options can help property owners navigate this complex process. Affected owners should consult legal and real estate experts to ensure that they receive fair compensation and make informed decisions regarding their properties.