IOEGC Gated Community
IOEGC Gated Community
IOEGC Gated Community
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Abstract
Gated communities are residential areas with restricted access designed to privatize normally public spaces.
These secluded clusters of houses form a separate community within its walls. They often have facilities and
infrastructures that are not open to the public. Mobility is the ability to move or travel around easily. Kathmandu
has seen a surge in the development of gated communities. These communities restrict access and contribute
to densification while reducing access. This research aims to identify the legal provisions and restrictions of
these gates. It shall look into if and how accessibility is or can be affected. A literature review, and review of
legal documents related to housing, public roads and lands confirm that the law for approval and allowance
of construction of housing colonies and particularly gates in such colonies are lacking. Direct observation
and key informant interviews reveal that accessibility is a growing issue with the increase in densification and
opening gates of communities should be an option to increase accessibility and mobility.
Keywords
Gated community – Accessibility – Mobility – Housing colony – Apartment
Pages: 1 – 9
Impact of Gated Communities on Local Mobility
luxury and security gravitate towards gated understanding of the researcher and helps formulate
communities. This however comes at a premium price. the progress of the research. Here, the ontological
Gated communities reflect an urban entity that is claim is that “Gated communities reduce ease of
physically and often socially and economically access while increasing density of a locality”
differentiated from the surrounding urban
Epistemology is concerned with the nature of
environment. [4]. With this kind of seclusion and
knowledge and ways of knowing and learning about
isolation, there tends to be a disconnect in status,
social reality [6]. It is the means or method to be
class, amenities, services, facilities and lifestyle
followed to learn or shed light on the ontological
among the locals . These secluded clusters of houses
claim of a research.
form a separate community within its walls. They
often have facilities and infrastructures like parks, The methodology for the research is defined by the
department stores, swimming pools, community halls paradigm it is following. Here, this research shall
among others. The public or anyone not part of the follow a pragmatic paradigm where it will take into
gated community is not allowed in and not allowed to account both qualitative and quantitative data to induce
use any of the amenities. Emergence of these conclusions.
communities challenge the spatial, organizational and This research is conducted based on the inductive
institutional order that [5] that has shaped Kathmandu. approach.
Likewise, communities that have connections to two
or more roads at its boundaries benefit from alternate Inductive approach generally means the bottom up
route options. However, residents excluded from this approach which starts with observation and ends in
walled housing cannot use said road and ease of theory or conclusion. In this logical framework, the
access is compromised and mobility is affected. observations are made first. This can lead to patterns
and regularities shall be abstracted. Following that
Strategies, policies, plans, including land use policies, hypothesis are proposed and tested. After that a
development strategies, housing byelaws, theory or conclusion is drawn in relation to the initial
infrastructure development plans need to take into ontological claim. In short, inductive approach is
consideration the impacts these communities have on starting with a statement, observing patterns and
the surrounding areas to formulate rules, regulations ending with generalization.
and policies. The thought out strategies thus
implemented will help regulate these developments
and ensure all parties have equal, easy access to
infrastructure and reduce social divide and benefits.
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3.1 The Lands Act, 2021 B.S. (1964)[7] without obtaining the permission of the Department of
Roads.
As per Chapter 3, Section 7, Sub-section (1) the upper
ceiling of land allowed to be owned by a landowner, As this act defines public roads as roads not subject
in any way, is not more than 25 Ropani in Kathmandu to personal possession by any individual or family.
valley. Moreover, as per Section 7, Sub-section (2), This implies that when a road is used for access or
notwithstanding anything contained in, Section 7, Sub- otherwise by more than one household or parcel of
section (1), any person or his or her family as a land land, it is deemed public road. The act prohibits any
owner may own, not exceeding the upper ceiling of, 5 person, individual or group to obstruct movement on
Ropani of land in Kathmandu valley for their housing these public roads in any way. It also prohibits any
purposes in addition to the land referred to in Section individual, family or landowner from doing any act as
7, Sub-section (1). to barricade, obstruct or damage the area within the
road border without permission from the Department
Section 12, iterates the provision for exemptions from
of Roads or the local authorities. Failure to do so shall
the upper ceiling contained in Section 7. The 8th
give the Department of Road, the authority to carry
amendment of the act in 2076 B.S. (2020 A.D) Section
out the removal or demolition of the said obstruction,
12, Sub-section (g) and Section 12A mentions land
by their own employees or others on a contract basis.
owned by a company or association as the landowner,
exempt from the upper ceiling specified in Section 7,
provided that the land ceiling is not sufficient or is
3.3 The Ownership of Joint Housing Act,
inadequate for the company or association to run its
2054 B.S. (1997)[9]
operations and acquires special permission from the
government of Nepal for the ownership of such land. Chapter 5, section 16, mentions that an apartment
owner has right over collective areas and facilities
According to this lands act any landowner shall not
such as land of joint housing, the structure of the
own land more than 30 Ropani for any foreseeable
building with its services (sewerage, fire escapes, way
purposes in the Kathmandu Valley.
in and way out), amenities (basement, solar, courtyard,
garden, parking lots and go-down), generator post and
3.2 Public Roads Act, 2031 B.S. (1974)[8] guard post, facilities like electricity, gas, parts
arranging, making of cold and hot water and parts of
Chapter 3 Section 18 describes the power of the
the building used for heating and air conditioning. An
Government of Nepal or the Department of Roads to
owner is also subjected to the rights to items of
remove goods causing obstruction to movement on
collective use such as elevators, pump, tanks, motor,
public roads. Section 18 Sub-section (4) states that in
fan and garbage container. As per section 17, no
addition to any goods left, placed or thrown on the
division of these collective areas and facilities are
public road, anything including any arm or branch of
allowed. While Section 18 states that an apartment
a door, tree or wire, that is held, installed or made
owner shall pay the promotor or committee for
with a house or wall on either side of a public road as
maintenance, cleaning and upkeep of Collective areas
to project towards the road and causes obstruction to
and facilities, Section 19 denies the right to refuse to
the movement on the road, the Department of Roads
pay for them. In case of non-payment issue, Section
may issue an order to the concerned person to remove
20 gives the right to the promotor or committee to
such obstruction or arrange the goods in a manner not
withold the use of any collective area and facilities
to cause obstruction within a reasonable period of
and also prevent transfer of such apartment to any
time as specified in the order.
other person in any manner.
Chapter 3 Section 19 states the prohibition on doing
In case of the complete destruction of joint housing
any act on public roads or road border without
in any manner, Section 22 subsection 1 states that the
obtaining permission. According to Section 19
land area of the housing will be divided among all the
Sub-section (1) no person shall build an access road
apartment owners proportionately.
joined to a public road or dig or demolish a hole or
ditch on a public road or within the road border or Chapter 6 Section 23 states that protection, repairs
install or place barrier, peg or fort on the public road and maintenance of the building and collective area
or build a house or shed thereon or cultivate a land and facilities is the duty of the promoter. In case the
within the road border or do any other similar act promoter is to sell all his apartments owned or is
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Impact of Gated Communities on Local Mobility
unable to perform his duties, Section 24 mentions that enclaves in search of privacy and exclusivity, and in
the duties under promoter is to fall under a committee flight from fear, closing themselves off from the
formed among the apartment owners with everyone’s dangers outside.[10]
consent. The promoter is liable to raise charges and
fees for his duty as fixed in agreement according to
Section 25.
Competent authority can issue directives to promoter
or the committee which must be complied with
according to Chapter 7, section 33. The government
of Nepal may make rules for carrying out the
objectives of this Act as stated in Section 35.
The Act does not cover any provisions for housing
colonies where the owner buys a particular piece of
land and an individual house. The definition of “joint
housing” under the Ownership of Joint Housing Act
only mention about the apartments and the rights and
duties of an apartment owner, its promoter and the
committee formed by a unanimous decision of the
owners. An apartment complex is a building or a
cluster of buildings with common collective spaces,
and facilities. These spaces and facilities are shared
by the apartment owners collectively and equally. The
Act does not allow use of collective space for any
private purpose. It does not allow the demarcation
and prohibition of land. The apartment owners do
not own parcels of land within the complex privately.
They get a share of the land only in case of complete
destruction of the apartment buildings. This is not the
case for group housing colonies. In a housing colony,
each house owner owns their parcel of land separately.
There are roads providing access to each land or house. Figure 2: Routes to the City
These houses do not conform with the definition of
joint housing or apartment explicitly mentioned in the
act. The only common spaces in these gated housing It being in the outskirts of the city many people
colonies are roads and small community spaces. So, residing there have jobs in the city and commute to
the act does not particularly cater for gated housing and from the city every day. Although there are 3
colonies. routes (Figure 2), most of Sainbu, Khokana and
Bungamati area has only one primary access to and
from the city, i.e. via. Nakkhu road (Route 1). Among
4. Study Area Overview the other routes, Route 2 (Figure 2) goes through
Vinayak Colony and is restricted for non-residents of
Bhaisipati is growing as a posh, luxurious residential
the community This route can access Chobhar,
settlement. It is a part of Lalitpur Metropolitan city.
Balkhu and Dhobighat areas. Route 3(Figure 2),
Lies in the southern outskirts of the city outside the
which links to Mahalaxmisthan is long, narrow, rough
ring road. With such development comes land use
gravels and rarely used. Thus, traffic count of Route 1
change, demand for infrastructure, rise in the number
is conducted for the study purpose.
of people using facilities and services. Various
communities (gated or otherwise) is emerging in this The junction where Nakkhu-Bhaisipati road and
location. Some gated communities reflect the growing Nakkhu-Chobhar road meet is quite narrow. This
range of choices available to consumers in the paired with the fact that it is the only route causes a
postmodern city. The affluent can move to gated lot of congestion during rush hour.
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Impact of Gated Communities on Local Mobility
Figure 5 shows the morning traffic count. The highest Figure 6: Traffic Count at Bottleneck Junction
number of vehicle is the two wheeler at this time of (Evening 4:30 PM - 5:30 PM)
the day. An average of 3060 two wheelers cross this
junction on a daily basis as per the data recorded.
While small vehicles are seen to pass this junction on Time taken for a vehicle to travel from point A to B
an average of 1157 in numbers while heavy vehicles and B to A is recorded. These recordings are taken in
and other vehicles are seen less than 130 in number. different times of the day on different days. This
On an average 4342 vehicles pass this junction in an includes normal work day during the rush hour traffic
hour during the morning rushhour traffic.Further, it time when there is a lot of vehicles, normal work day
can be seen that majority of the commute is from in the time when there is no rush hour traffic and on a
point A - B and from point B - A. An average of 1133 holiday when there is minimum traffic. This helps in
vehicles from A to B and 1704 vehicles from B to A. the understanding of extent of delay which directly
This shows that most of the vehicles are traveling corelates to the accessibility and mobility in the area.
either from Ekantakuna towards Bhaisipati or from The average time taken on various scenarios is
Bhaisipati to Ekantakuna. The data shows that calculated and tabulated in Table 1
commute between Bhaisipati and Mediciti is
From Table1, the following observations can be made.
minimum at this time of the day.
During holidays on an average it takes 3:42 minutes to
Figure 6 shows the traffic count of the evening. The travel the distance of 1.8 Kms via ’Route 1’ (Figure 7)
highest number of vehicle is the two wheeler at this from point A to B and 3:34 from point B to A. This
time of the day. An average of 3080 two wheelers cross indicates than an average speed of around 30 Kmph
this junction on a daily basis as per the data recorded. is achieved. On working days during non-rush hour
While small vehicles are seen to pass this junction on times, when there is moderate traffic, the travel time
an average of 1141 in numbers while heavy vehicles for moving from A to B increases by 1.36 times and
and other vehicles are seen less than 150 in number. from B to A increases by 1.61 times. On working
On an average 4360 vehicles pass this junction in an days during rush hour time, with maximum vehicles,
hour during rush hour traffic. Further, it can be seen the travel time is significantly increased when moving
that majority of the commute is from point A - B and from B to A as a vehicle typically has to stop for 2.5
from point B - A. An average of 1558 vehicles from times for an average total of 3:27 minutes. Here the
A to B and 1307 from B to A. This shows that most travel time from B to A is increased by 3.76 times the
of the vehicles are traveling either from Ekantakuna normal travel with minimum traffic. The travel time
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Figure 7: Route Options from point B to A Figure 9: Population Projection for Bungamati,
Khokana and Sainbu Area as a Whole
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Impact of Gated Communities on Local Mobility
Growth rate of Sainbu, Bungamati and Khokana area the main city, this road will see a lot of vehicles. The
8.05% when the growth of Lalitpur is only 4.63%[12]. junction at Nakkhu is a bottleneck spot and is the main
Assuming the growth at the rate of 8.05%, the area for traffic jam due to the long wait time while
population in this zone reaches to 1.5 lakhs by 2031. passing through or crossing said junction. We can see
the travel time increase by about 3.6 times during rush
As the settlement in Bhaisipati continues to grow, more
hour. The area is still in the process of development
vehicles will run on the road. In Bagmati zone alone
and densification. If gated communities with an option
there was an addition of more than 1 lakh vehicles in
for thorough fare allow vehicles to pass, an alternate
fiscal year 74/75 (Figure 10).
route is provided. This will ease traffic congestion and
reduce travel time.
The Ownership of Joint Housing Act defines and
describes “joint housing” in in terms of apartments.
Here, joint housing is defined as a building or group
of buildings with multiple floors with different
apartment units where two or more families can live
in a single building. The building or a cluster of
buildings can be within one parcel of land with the
open spaces as common collective spaces. The Act
does not allow use of these collective space for any
private use or demarcation and prohibition of land.
The act gives power to the promoters or elected
committee of the apartment owners to maintain,
protect and repair the collective spaces. However, the
apartment owners do not own parcels of land within
the complex privately. They get a share of the land
only in case of complete destruction of the apartment
buildings. In a housing colony, each resident is a land
Figure 10: Number of registered vehicles in Bagmati owner and owns their parcel of land separately. There
Zone from Fiscal Year 46/47 to 74/75[13] are roads providing access to each land or house.
These houses do not conform with the definition of
joint housing or apartment explicitly mentioned in the
According to SSP Panta, the majority of the vehicles act.
registered in Bagmati zone ply in Kathmandu valley.
Futhermore, JICA has predicted increase in ownership The Public Road Act defines “public road” as roads
of cars by 2.4 times and bikes by 1.72 times in the that is not privately owned. So any road providing
valley.[14] However, the increase in vehicles in access to more than one parcel of land or more than one
Bhaisipati could be more than predicted increase in landowner is considered public road. According to this,
the valley. According to different city models: the roads in the housing colonies appear to be “public
Burgess’s concentric ring model, Hoyt’s sector model roads”. This act prohibits any individual or group
and Harris and Ullman’s multiple nuclei model, the from causing any obstruction of movement on these
population with a higher economic status tend to public roads in any way. It also prohibits anyone from
move towards the outskirts and suburbs for a better, performing any act as to barricade, obstruct or damage
quieter life as this group can afford to commute to the the area within the road border without permission
Central Business District(CBD), in their personal from the Department of Roads or the local authorities.
vehicles, on a daily basis. These theories can be The Lands Act describes provisions and prohibitions
observed in the Sainbu-Bhaisepati area as well. of ownership of land to any individual, committee,
Bhaisepati has been targeted as a prime location for institute or cooperative. It states that anybody, be it
luxurious living by many group housing companies. individual or group is not allowed to own more than
Thus, the number of vehicles in Bhaisipati will be 25 ropani of land in Kathmandu valley. It mentions
higher than projection for the entire valley. that the individual or group is allowed to own 5 ropani
With only one major access road connecting the area to more for housing purposes. It provides exceptions
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