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«Land, Water and Local People: A Case Study of Bangalore Mysore Infrastructure Corridor Submitted by Atul Vikas Kulkarni A dissertation submitted in ...»

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Land, Water and Local People:

A Case Study of Bangalore Mysore Infrastructure Corridor

Submitted by

Atul Vikas Kulkarni

A dissertation submitted in partial fulfilment of the requirements

for the Degree of

Master of Science in Habitat Policy and Practice

School of Habitat Studies

Tata Institute of Social Sciences

Mumbai

2012

ii

DECLARATION

I, Atul Vikas Kulkarni, hereby declare that this dissertation entitled ‘Land, Water and Local People: A case study of Bangalore Mysore Infrastructure Corridor’ is the outcome of my own study undertaken under the guidance of Dr. Lalitha Kamath, Assistant Professor, School of Habitat Studies, Tata Institute of Social Sciences, Mumbai. It has not previously formed the basis for the award of any degree, diploma, or certificate of this Institute or of any other institute or university. I have duly acknowledged all the sources used by me in the preparation of this dissertation.

_____________________

14th March, 2012 Atul Vikas Kulkarni iii

CERTIFICATE

This is to certify that the dissertation entitled ‘Land, Water and Local People: A case study of Bangalore Mysore Infrastructure Corridor’ is the record of the original work done by Atul Vikas Kulkarni under my guidance and supervision. The results of the research presented in this dissertation have not previously formed the basis for the award of any degree, diploma, or certificate of this Institute or any other institute or university.

______________________

Dr. Lalitha Kamath Assistant Professor School of Habitat Studies 14th March 2012 Tata Institute of Social Sciences iv

ABSTRACT

‘Bangalore’, in the process of becoming ‘World Class city’ has initiated several infrastructure projects such as the mega-Bangalore Mysore Infrastructure Corridor.

This involves land use change from agricultural rural and peri-urban areas to predominantly urban land uses under centralised ‘State’ level agency. In this process, landscape surrounding the lake in the village appears to have transformed from a wetland-lake ecosystem, which acted as a village commons, to private property owned by private entity or fenced system disconnected from ecosystem. Thus, this has resulted in changing perceptions of the traditional local community usage of the lakes as they are increasingly looked as ‘land property’ for profit-making. There is also a differential impact on the local village community as those marginalised section of local village community who don’t have legal ‘land tenure rights’ are denied legal ‘water rights’.

This marks a paradigm shift of viewing lakes as ‘common property’ to ‘private property’ or ‘social use’ to ‘economic good’.

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–  –  –

My dear Amma, Appa and Tamma, I dedicate this piece of work to you.

Taking this as an opportunity I would like to sincerely express my gratitude to my guide, Dr Lalitha Kamath for her careful guidance, providing valuable insights, constant support, and patient reading of various drafts, giving suggestions and without whose guidance and support this work would not have been complete.

I also thank Dr. Geetanjoy Sahu for his constant support and suggestions and sharing with me information for writing this report.

This dissertation would not have been possible without the contribution of all those people whom I have interviewed. I would like to thank Mr Narasimha Murthy, Mr Shankar, Mrs Geetha, Mr Prakash Kulkarni for their guidance in data collection. I would thanks, Mr Leo Saldhana for your precious time for giving right directions to my research.

I also extend my sincere thank to my faculty Dr. Subodh Wagle, Sanjeev Chandorkar, Dr. Amita Bhide, Dr T Jayaraman and Dr. Ratoola Kundu for their constant support.

I wish to thank all my classmates Pranav, Shreya, Sweety, Anushree, Amit, Adya, Khushbu, Chetan, Mama, Kaka, Ani and the rest of the class for their constant support.

I will cherish the memories of these days for ever. I would specially thank Gaurav for his expert engineering skills in computers in helping me to format my report.

–  –  –

Contents

CERTIFICATE

ABSTRACT

ACKNOWLEDGEMENT

CONTENTS

LIST OF ABBREVIATIONS

LEGAL TERMS, DOCTRINES, AND PRINCIPLES

KEY CONCEPTS, DEFINITIONS OF ADMINISTRATIVE AND TECHNICAL TERMS

LIST OF FIGURES

LIST OF TABLES

CHAPTER 1: INTRODUCTION

1.1 INTRODUCTION

1.2 INTRODUCTION TO BANGALORE MYSORE INFRASTRUCTURE CORRIDOR

1.3 STRUCTURE OF THE REPORT

CHAPTER 2: LITERATURE REVIEW

2.1 INTRODUCTION

2.2 REGIONAL DEVELOPMENT STRATEGIES – 1950- 1981

2.3 REGIONAL DEVELOPMENT STRATEGIES – 1981 ONWARDS

2.4 EMERGENCE OF ‘WORLD CLASS’ CITIES IN INDIA

2.5 CORRIDOR DEVELOPMENT

2.6 STRESS ON THE WATER DUE TO CORRIDOR DEVELOPMENT

2.7 MAJOR SHIFTS IN ROLE OF 'STATE' IN WATER SECTOR

2.8 LAND AND WATER RIGHTS

CHAPTER 3: METHODOLOGY

3.1 INTRODUCTION





3.2 THE FOCUS OF THE STUDY

3.3 SELECTION OF VILLAGES

3.4 RESEARCH OBJECTIVES

3.5 RATIONALE FOR QUALITATIVE METHODOLOGY

3.6 QUALITATIVE RESEARCH METHODS

3.7 ETHICAL ISSUES RELATED TO DOING THIS RESEARCH

3.8 CHALLENGES

CHAPTER 4: BANGALORE MYSORE INFRASTRUCTURE CORRIDOR: GOVERNANCE AND MANAGEMENT

vii

4.2 THE STORY OF BMIC

4.3 CHANGING ROLE OF STATE IN LAKE GOVERNANCE IN BMIC REGION

4.4 CHANGING ROLE OF PANCHAYAT IN LAKE MANAGEMENT IN BMIC REGION

4.5 CONCLUDING REMARKS

CHAPTER 5: CASE STUDIES OF THREE VILLAGES IN BMIC REGION

5.1 INTRODUCTION TO THE THREE VILLAGES IN STUDY

5.2 SETTING THE RESEARCH CONTEXT OF THREE VILLAGES IN BMIC, BMR REGION

5.3 RAMASANDRA VILLAGE

5.4 KOMMAGHATTA VILLAGE

5.5 VALEGERIHALLI VILLAGE

CHAPTER 6: ANALYSIS

6.2 CHANGING PARADIGM FROM COMMUNITY OWNED TO PRIVATELY MANAGED LAKES................67

6.3 CHANGES IN THE RELATIONSHIP BETWEEN THE LAKE AND THE LOCAL VILLAGE COMMUNITY......69

6.4 MICRO ANALYSIS OF WATER USERS OF LAKE AND THE IMPACTS OF IMPLEMENTATION OF BMIC

PROJECT

6.5 FROM LAKES TO SURVEY NUMBERS

6.6 WATER AS A ‘PROPERTY’

6.7 LAND AND WATER RIGHTS

6.8 POLLUTION AND CONTAMINATION OF LAKE

CHAPTER 7: CONCLUSION AND POLICY RECOMMENDATIONS

APPENDIX A

APPENDIX B

APPENDIX C

APPENDIX D

MAPS

APPENDIX E

PICTURES OF TRADITIONAL WATER MANAGEMENT IN THE VILLAGES UNDER STUDY

GLOSSARY OF INDIAN TERMS

BIBLIOGRAPHY

viii List of Abbreviations AIR All India Reporter BDA Bangalore Development Authority BBMP Bruhat Bangalore Mahanagara Palike BMIC Bangalore Mysore Infrastructure Corridor BMICAPA Bangalore Mysore Infrastructure Corridor Area Planning Authority BMICP Bangalore Mysore Infrastructure Corridor Project BMRDA Bangalore Metropolitan Region Development Authority BPL Below Poverty Line BWSSB Bangalore Water Supply and Sewerage Board FAO Food and Agriculture Organisation GoI Government of India GoK Government of Karnataka GP Gram Panchayat KEB Karnataka Electricity Board KIADB Karnataka Industrial Areas Development Board LDA Lake Development Authority MoEF Ministry of Environment and Forests NLCP National Lake Conservation Plan NICEL Nandi Infrastructure Corridor Enterprises Limited ODP Outline Development Plan PWD Public Works Department PIL Public Interest Litigation PRI Panchayat Raj institution SMVL Sir M. Visvesvaraya Layout SC Supreme Court of India ULB Urban Local Bodies ix

Legal terms, doctrines, and principles

Case law Court decisions the body of reported judicial opinions, especially in countries with a common-law system.

Dominium Full ownership Jurisdiction Right or power to administer justice and apply laws and to exercise authority and administrative power and also refers to the geographical extent of such rights.

Rule of law A doctrinal principle according to which everyone is to obey the law, including governments. It prescribes constitutional governance, limited by laws and by fundamental principles of legality and established procedure. The power of the state is limited according to the constitutional powers vested in it, in order to protect citizens from arbitrary exercise of authority Writ Petition The Indian legal system allows writs (directions, orders) to be issued by the courts on petition by an aggrieved party. The writ is addressed to an authority or to persons, natural or jural, who is to do or refrain from doing something and functions to enforce a legal right conferred by the Constitution or otherwise, barring mere contractual rights. It can include remedies against the arbitrary or illegal actions of the authority or person.

x Key concepts, definitions of administrative and technical terms Caste- Four varnas are mentioned in the ancient Hindu scriptures: Brahmins, Kshatriyas, Vaishyas, and Shudras. The group of former ‘untouchables’ (now: Dalits) are either considered as the lower section of Shudras or as outside the caste system altogether. The modern Indian caste system is more often talked of in terms of communities and sub-communities (Jātis).

Centre- The central, federal Government of India.

Dalits- Member of Scheduled Castes, formerly known as Untouchables Gram Panchayat -Village council or assembly Gram Sabhā Meeting- at village level provided for as part of the Panchayat Raj institution.

Hobli - A tax revenue term for a cluster of villages.

Institution –Here it is used in the generic sense of the word, thus synonymous with organisation or authority.

Kannada -The main language spoken in the state of Karnataka Kere- A natural freshwater lake or tank Pukka - Genuine, good of its kind, high quality, first class Riparian right - A right of the adjacent landowner to use of flowing water ‘State’ - short for nation state; refers also to the government authority.

State- (Semi-) autonomous part of a federation of a sovereign nation state.

Taluk- Administrative level in some States of India Tank, lake- water-work, reservoir or lake of small size used for storing freshwater.

Tubewell -Drilled well, from which water is drawn via mechanical pump.

Sump- Underground water storage facility; a cistern tank xi

–  –  –

Figure 3.1 Parameters to define lack of access/usability of lake Figure 4.

1- Gives the Timeline of BMIC project Figure 4.2 - Map showing the BMIC region and jurisdiction of various Government Agencies- BDA, BBMP, BMRDA, Maddur district, Mandya district and Mysore district.

Figure 4.3- Map showing the changed alignment to include lakes in BMIC region Figure 4.

4- Map showing the changed alignment to include the lakes that are studied in this research Figure 4.5–Pictorial representation of various Institutions involved in land management in BMIC Figure 4.6-Pictorial representation of various Institutions involved in lake management in BMIC Figure 5.1: Map showing the three villages in the study area Figure 5.2: Map showing the resource and social map of Ramasandra village Figure 5.3: Timeline of Ramasandra lake management Figure 5.4- Picture showing the Ramasandra Lake with new layouts on northern side Figure 5.5 – Map showing the resource and social map of Kommghatta village Figure 5.6- Picture showing the SMV layout Figure 5.7: Timeline of Kommaghatta lake management Figure 5.8 Map showing the resource and social map of Valegerihlli village Figure 5.9: Timeline of Bandematta Hosakere lake management Figure 5.10: Pictures showing bandematta Hosakere Lake in 1998 and 2011

–  –  –

Table 2.1 comparison of four corridors with different parameters Table 3.

1 Details of parameters of three villages Table 3.2 Demographic profile of three villages Table 4.1- Land breakup of components of BMIC project Table 6.1 Comparison of before restricted entry to lake and after of fishermen Table 6.2 Comparison of before restricted entry to lake and after of dhobi Table 6.3 Comparison of before restricted entry to lake and after of cattle owners Table 6.4 Comparison of before restricted entry to lake and after of agriculture land owners

–  –  –

1.1 Introduction Bangalore has existed as a settlement for well over a thousand years in the villages. Kempe Gowda ruled over the vast agricultural tracts and laid the foundation of Bangalore in 1537. The Bangalore plateau is in the rain shadow of the Deccan hills and its undulating landscape and man-made structures caused water to accumulate in tanks and lakes in pre-British times. An intricate system linked the tanks contained by the same sub-catchment area and allowed for additional water to flow over to the next tank in the chain (Agarwal 1997). Janaki Nair, in her book on the urbanisation processes of Bangalore has said that “the earliest settlement was probably a hamlet of no particular commercial or demographic importance to warrant the name of an urban setting, functioning instead as a node that drew the surpluses of the agricultural countryside, and was dominated by rural notables” (Nair 2005). Some claim that Bengaluru was referred to as 'Kalyananagara', a city of kalyanis or tanks or lakes.

In 1791 when Lord Cornwallis sent a deputation of British East India Company soldiers from Fort St. George, Madras, to the Mysore State to find an alternate route to Srirangapatna for fighting Tippu Sultan, the Captain who headed the team came to Bangalore town. He was amazed by the climate and environment of Bangalore and described it as “Land of a Thousand Lakes”1. Bangalore was also referred to as “Pensioner’ Paradise” and “Garden City”.



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