• Guidelines for water tank in Bangalore

I stay in bangalore  and I have selected one property where there is a water tank.I am aware of the NGT guidelines for lake and storm water drains but I could not find anything for water tanks or pond or A-kharab or B-kharab land.

Please help me to find the buffer zone , I mean the no construction zone in meters from water tank or pond.I know that construction is not allowed over bed of tank .I am looking for the distance just as we have for lake.
Asked 8 years ago in Property Law
Religion: Hindu

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8 Answers

A buffer of 45 m is assumed all along the flow of the river on both banks, which shall be treated as a no-development zone.

a) No building/ development activity shall be allowed in the bed of water bodies like nala, and in the Full Tank Level (FTL) of any lake, pond etc.,

b) As per the Judgement of the National Green Tribunal, Principal Bench, New Delhi in O.A.No.222 of 2014, no construction activity is allowed in Karnataka in buffer/green zone .

i) In case of lakes, 75 meters from the periphery of water body to be maintained as a green belt and buffer zone for all existing water bodies ie lakes/wetlands.

ii) 50 m from the edge of the primary Rajkulewas

iii) 35 m from the edge of the secondary Rajkulewas

iv) 25 m from the edge of the tertiary Rajkulewas

Ajay Sethi
Advocate, Mumbai
99674 Answers
8132 Consultations

In the instant case, 75 mtrs from the periphery of the waterbody will be maintained as buffer zone, as per NGT Order.

Shashidhar S. Sastry
Advocate, Bangalore
5611 Answers
338 Consultations

1) 75m is for existing water bodies

2) for water tanks you cannot carry on construction on bed of water tank

Ajay Sethi
Advocate, Mumbai
99674 Answers
8132 Consultations

Waterbodies and wetlands shall be maintained as

below:-

(i) In the case of Lakes, 75m from the

periphery of water body to be

maintained as green belt and buffer

zone for all the existing water bodies

i.e. lakes/wetlands.

(ii) 50m from the edge of the primary

Rajkulewas.

(iii) 35m from the edges in the case of

secondary Rajkulewas

(iv) 25m from the edges in the case of

tertiary Rajkulewas

This buffer/green zone would be treated as no

construction zone for all intent and purposes. This

is absolutely essential for the purposes of

sustainable development particularly keeping in

mind the ecology and environment of the areas in

question.

All authorities particularly Lake development

Authority shall carry out this operation in respect of

all the water bodies/ lakes of Bangalore.

The above is the extract of the judgment given by

THE NATIONAL GREEN TRIBUNAL,

PRINCIPAL BENCH, NEW DELHI in

Original Application No. 222 of 2014 in

Forward Foundation & Ors. Vs. State of Karnataka & Ors.

T Kalaiselvan
Advocate, Vellore
89876 Answers
2485 Consultations

Please correct me if I am wrong.The 75m is for existing water bodies i.e lakes/wetlands.I assume natural resources. Wikepedia(twater storage) says wetland stores ground water or surface water and water tanks are community-built for storing rain water for irrigation purpose.So can I assume that for a 'water tank' there is no buffer zone/green zone but nothing should be constructed on the bed of water tank.

The buffer zone for water tank is 25 metres.

T Kalaiselvan
Advocate, Vellore
89876 Answers
2485 Consultations

please clarify .Is this 75m rule applicable to any type of water body ?. Should I buy a property which 70m from the edge of a water tank .

Please help me , can I take benefit of doubt in the absence of clear cut guidelines.The village map shows that area as water tank and not as lake.

There are clear cut rules in this regard, you may see the judgment on the issue which has been mentioned above.

You take a legal opinion before purchasing the property.

T Kalaiselvan
Advocate, Vellore
89876 Answers
2485 Consultations

75 meters from the periphery of water body to be maintained as a green belt and buffer zone for all existing water bodies ie lakes/wetlands.

it would not be applicable for water tank

Ajay Sethi
Advocate, Mumbai
99674 Answers
8132 Consultations

Before purchasing and for your convenience you may just get the clarification by filing an RTI. Though in my opinion you may go ahead and purchase the property as the order is for the natural water bodies and not for a water tank.

Regards

Anilesh Tewari
Advocate, New Delhi
18099 Answers
377 Consultations

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