• NGT rules

I am planning to buy a BDA approved site in Bangalore which is located 35-40 meters from a lake. Will BBMP/ BDA approve the house construction plan after the NGT rules have come in (75 meter buffer zone from the lakes)? 
If yes, how much time will the BBMP/ BDA take to approve the plan?
If no, what is the next process? Should I drop the plan of buying the site?
Asked 6 years ago in Property Law
Religion: Other

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9 Answers

BBMP/BDA would not approve your building plans as buffer zone increased to 75m

Don't purchase the plot

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

1. Since the matter is sub-judice, one has to wait for the outcome of the appeal filed by the Karnataka Government against the NGT Order in the Supreme Court.

2. After the outcome of decision, the revenue Authorities shall take a decision to follow the orders of the Supreme Court.

3. Better to wait till the judgement is out.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

SC has declined to grant any stay in appeal filed by Karnataka Govt for increasing buffer zone to 75m

2)he Supreme Court asked all builders in the buffer zones of Bengaluru's famed lakes and wetlands to push back their projects 75 metres from the edge of these water bodies and refused to halt demolitions initiated by the local authority to open up drains discharging excess water from lakes to prevent a repeat of the recent deluge.

3) it may take more than a year for appeals to be disposed of

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

We cannot predict the time taken in legal proceedings.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

A. As you said, no development is permissible within 75 meter from the edge of the lake as per the National Green Tribunal Order.

B. Further, no development is permissible within 50 meter, 25 meter and 15 meter from the center of primary, secondary and territory Rajakaluve respectively which is situated near the lake and connected to lake as water resources.

C. This order shall be deemed prospective effect which means not applicable to eariler approvals. Hence, this order is applicable for upcoming any projects near the lake and Rajakaluve.

D. This order has been challenged before the Supreme Court. Hence, you may wait till the final order or gohead if the BBMP is going to approve the same subject to complaince of terms and condition as well NGT/sUPREME COURT order in future and you need to take extra precaustions like your proposed site shall not be situated within 75 meter from the edge of the lake. In my opinion, the Appex court never change this rule from the point of public interest and sustainable development.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

That judgment might take another 4-6 months, since the judgment involves public at large therefore it is not expected that the delivery of the same will take more time than stated above.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hi, As per latest Judgement the Buffer zone is 75 meters. if it is less that that you will not able to get sanction plan and license from the BDA. Even though you are able to get the sanction plan, then also not valid in the eyes of the law.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

The National Green Tribunal, in an order on May 4, 2016, increased the buffer zone around lakes in Bengaluru from 30 to 75 metres.The order has ruled out new constructions in the 75-metre distance from lakes. Now, the BBMP has clarified that projects which got construction licence before the NGT order came can go ahead with their plans.

In a circular issued on March 30, 2017, BBMP commissioner N Manjunath Prasad said that the NGT directive will not apply for sites and properties in layouts which secured plan approval before the green court issued its order i.e., before May 2016..

Therefore you may drop the proposal to buy the property within 75 meters of the buffer zone.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Another question for Mr. Sastry, how long will I have to wait for the judgement to come out? Will it take few months? Or more than a year?

Your case will not be eligible even a judgment comes out in favor of the affected people, because you are going to buy the vacant sit now only, hence you may not get approval anymore quoting the NGT rules.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

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