Hello sir/madame, I (and tens of thousands of Bengaluru people) have purchased plots near to a lake in early 2015 confirming to all guidelines lasted out by BBMP at that time. BBMP stipulated buffer zone was 30M from the edge of lake at that time. In May'2016 NGT has passed 75m as new buffer zone for all lakes across Bangalore. The NGT verdict in my opinion is very progressive and for sure will help preserve the bio-diversity and ecosystem of green city Bengaluru. But now, not only me but many tens of thousands of people are affected by NGT order across Bangalore who had bought the property confirming to all the local civic rules before NGT verdict. Reason being construction is not allowed(falling b/w 30m to 75m from May'16). My query is, what should be the legal course. Isn't the local civic authority and Karnataka govt. duty bound to protect the interests of its ethical citizens as stamp duty and property tax is being played to govt.. Will our investment be dead as no construction can be done and I am not so hopeful as to concerned civic bodies/Karnataka govt. will ever consider the interest of affected people like us.
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You cannot carry on any construction on said land as your land falls within 75M of lake
2) in view of NGT order BBMP would not sanction construction on said plot of land
3) since appeal is pending against NGT orders before the SC wait for SC to dispose of the appeal
1. Your rights have been determined by the NGT which has banned construction within 75 mts. Against this order there is an appeal pending before the SC. Unless the SC sets aside the order of NGT the latter would apply with full vigour.
2. During the pendency of appeal in the SC the BBMP cannot permit you to make any construction in defiance of NGT order.
CREDAI is taking up this issue with the governmental agencies claiming that the latest ruling by NGT should not affect those who have already bought the property well before such an order was passed.
National chairman of CREDAI, said: "It is to be noted that only legislature has to determine the land use, buffer, etc., and not the tribunal. In our opinion, the powers of the NGT cannot extend to amending buffer specified in master plans prepared by the state legislature and the tribunal seems to have usurped the powers of the legislature."
It is reiterated that the scientifically fixed buffer [zone]... has been changed by a stroke of the pen in a sweeping order by the NGT. The ramifications of the NGT order would be catastrophic. Practically all buildings in Bengaluru have to be demolished," he said.
BDA says that the ordre by the NGT is not retrospective. BDA will seek clarity to clear doubts of people living near lakes.
However, the language used in the order is being termed ‘ambiguous’ leading to multiple interpretations and a lot of confusion.
Such concerns have prompted BDA to approach NGT seeking a clarification whether the order will come into effect retrospectively.
The lead petitioner in the NGT case, Namma Bengaluru Foundation (NBF), has also interpreted the order as coming into effect prospectively. “This is a landmark judgment, which has defined the buffer zones for not just lakes but also rajakaluves. But it will be unfair to make it retrospective. The judgement also doesn't say that,” said Sridhar Pabbisetty, CEO of NBF.
NGT has directed that no fresh buildings must come up on newly prescribed buffer zones. BBMP, BDA and LDA must ensure that no new buildings are built on the buffer zone. In case, any buildings are under construction they should be stopped forthwith and their no objection certificate (NOC) should be cancelled. The committee has not thought about demolishing the existing buildings and a decision will be arrived at after holding meeting with officials and legal experts.
Thus you may wait and watch the development and hope that the government will do something to support the concern and cause of innocent buyers/investors.
