• Lake buffer zoom

Dear Sir,

I am planning to buy a plot bmrda approved in Bangalore south. The site is around 60 meters from the lake. There is a 40 feet main road in between layout and lake formed by government long years back. The road is being used since times for other connecting villages. 
The layout was approved by APA anekal Bangalore urban district before NGT order of lake buffer zone may 4th 2016.
All the inspection and approvals are done and nationalised bank has approved the loan.the loan is for purchase of site and construction of house.
Will I get the licence to build the house from the concerned village panchayat. Please request your advice. 

Thanks 

V.Ravikumar
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

You cannot carry on any construction on said land as your land falls within 75M of lake

Against this order there is an appeal pending before the SC

Wait for disposal of appeal before SC

You may not get permission to carry on construction on said land

Ajay Sethi
Advocate, Mumbai
97646 Answers
7904 Consultations

Now, licence is not required because once the project came under Development project no need to get any permission from any other authority. 

you said that layout is approved by the APA Anekal Bangalore urban district then it proves that the area came under the project approved by said authority. Hence no need to get any further permission from village panchayat.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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.

Hence your construction may not be permitted on the buffer zone

Ajay Sethi
Advocate, Mumbai
97646 Answers
7904 Consultations

Sir nationalised banks do give loans sometimes without proper sscrutiny please get your documents scrutinised before going ahead with purchase.... your bank will not be responsible if you face any problem in ffuture... so better be safe get all documents scrutinised...

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

The National Green Tribunal guidelines cannot affect you because it has no retrospective effect. This plan is approved before the guidelines issued by the National green tribunal therefore you will not face any problem.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

As of now you can not carry on the construction as the land falls within 75 m of lake, tough it may be noted that the order is pending before the SC and you may get the right to construct if the SC vacates the said order

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

Please take note of the fact that your NOC can be cancelled by authorities in light of the judgment of the National Green Tribunal.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

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.

T Kalaiselvan
Advocate, Vellore
87844 Answers
2366 Consultations

Since my site is 60 meters from lake, does that create any problem with National green tribunal order of 75 meters buffer space. Although my layout is 100% approved by government authority. Even the site evaluator from nationalised bank assured that there will be no issues with.

In a circular dated February 16, 2017 issued to BBMP, the Urban Development Department said that the Department sought legal opinion on following cases, with regard to NGT’s new no-development buffer zone order issued on May 4, 2016.

The residential layouts that already have a development plan sanctioned by the BDA, where there are empty sites that are not yet developed, that fall in the buffer zone of 75-metres from lakes, 50 metres from primary drains, 35 metres from secondary drains and 25 metres from tertiary drains.

The residential layouts falling in lake buffer zone, that procured no-objection certificate from the BDA before the NGT came out with new buffer-zone rule.

The Legal Department had opined that since the National Green Tribunal did not specify that the buffer zone rules are going to be applicable retrospectively, the rules will be applicable only in the future. So, the above two cases will not fall under the new buffer zone rule specified by the NGT, and will not be considered illegal if the rules at the time of getting applicable sanctions have been followed.

T Kalaiselvan
Advocate, Vellore
87844 Answers
2366 Consultations

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