• NGT rule on increasing lake buffer to 75m

NGT has recently increased the lake buffer to 75m in Bangalore. I heard BDA has stopped giving home plan sanctions. 
Does this rule applicable to the BBMP/BDA approved and BDA approved private layouts which were sanctioned before this judgement date? 
Will the Plan can be sanctioned based on earlier 30m buffer zone for older layouts, since the layouts are already converted for residential purpose.
Currently, does this NGT rule applicable to BMRDA region like Ramanagra, HPA, APA as well?
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1) NGT judgment would not be applicable to BBMP/BDA layouts which were sanctioned before NGT judgment

2) The Revised Master Plan 2015, which came into effect from 2007, has a buffer zone of 30 metres. On the basis of this, BDA and BBMP had approved building plans, which cannot turn illegal suddenly.

3)the judgment makes it clear that The distances in respect of buffer zone specified in this judgment shall be made applicable to all projects, and the authorities concerned are directed to incorporate such conditions in the projects to whom Environmental Clearance and other permissions are now granted not only around Bellandur lake, rajakaluves, Agara lake, but also all other lakes/wetlands in Bengaluru.

4) hence NGT order cannot be take effect retropsectively

Ajay Sethi
Advocate, Mumbai
95168 Answers
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1) BDA will not approve your plan in view of NGT judgment

2) you have to approach court to get permission to carry on construction on said plot

3) you are at liberty to sell your plot as layout was approved by BDA prio to the judgment

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

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The amendment by the principal bench at NGT Delhi says that the buffer zone around lakes would be increased to 75m from the existing 30m.

NGT’s ruling has come as a shock to other developers who have violated environmental norms.

This was done after a public interest litigation was filed by members of Namma Bengaluru Foundation (NBF) founded by Rajya Sabha MP Rajeev Chandrasekar.

Ignoring the SEZ developers appeal to the Supreme Court for relief, a review bench went ahead and imposed a penalty.

This apart, the developers have been directed to restore the encroached 3.10 acres lake bed area to its original pristine condition before handing it over to the concerned authorities.”

NGT has said that the developers have to demolish all existing structures and development works in the buffer zone.

As the matter was still pending before the Supreme Court, CREDAI was critical of the NGT as it seemed to have had "usurped the powers of legislature".

The house committee resolved to follow the 30-metre buffer zone as per the Zonal Regulation Act in 2007 rather than the National Green Tribunal (NGT)-revised 75 metres in May 2016.

The NGT order on the lake buffer zone had left them confused. Holding consultations with the commissioners of Bangalore Development Authority (BDA) and Bruhat Bengaluru Mahanagara Palike (BBMP), and other stakeholders of Bengaluru Urban and Rural districts the state assembly speaker KB Koliwad, who heads the committee, finally resolved to stick to the buffer zone detailed in the Zonal Regulation Act, and not the one revised by the NGT.

He further clarified: “The state government has all the possibilities to appeal against the NGT’s verdict; only after that will we be able to take a final call on the measurement of buffer zone. So far, the only available detail about the buffer zone measurement is the Zonal Regulation Act of 2007, which says that buffer zone is the area up to 30 metres around the lake. Accordingly, anything within 30 metres will be recommended by us for demolition.”

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

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