• NGT 30 meter rule

Hello, 

I am looking out for a property which is next to the one of the lakes in Bangalore, it has got approval before May 2016 and it comes between 30m to 75m zone. As it’s got approval prior to new rule builder is saying is it’s legal and even it has a Rera approval. My major concern is whenever this property would come for reconstruction (30-35 years later) would it be allowed to reconstruct or the new 75m rule would get applied to it? Will it impact my resell value of the property?
Asked 8 years ago in Property Law
Religion: Hindu

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11 Answers

In the event property goes in for redevelopment It would have to follow the new 75m rule

2) lake facing property command a premium compared to other construction else where in the city

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

Dear Sir

This may increase with the changes but will not decrees. It is difficult to predict for long period about 30-35 years. Hence this may affect with the changes in the law.

Feel free for any assistance.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

1) We can't say anything regarding government policy, the rules depends upon the government mentality, if suppose tomorrow government change they may allow or may not allow to reconstruct on property. We don't know what will be Real Estate Market Trends. In previous government it was different and in this government its different.

2) If its approved by RERA than you can purchase this property mostly till new government and new rule does not get amend on it. It will be more helpful whether you check with current Real Estate Market status for financial conditions.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Reconstruction would not be permissible, for the NGT has banned any sort of renovation/reconstruction in the buffer zone.

Yes, might not get takers to buy this property.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

We cannot anticipate what will happen after 30 to 35 years. If you are determined to purchase then purchase it and ready to face consequences or go for any other property which is for away from lake.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

There can be no wild guess on whether the rules will apply after 35 years but yes from.the intent of order it is pretty clearly that it seek to protect.the lakes and it's surrounding nautral habitat. So from this we see that the rule is there to stay and shall be made more strict in due course.

"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."

So now comming on to your question:

1) the complete reconstruction will not be allowed it shall be in view of this order.

2) As per the resale value of property is concerned it is a approved Rera plan in that case it will get you good amount.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Once an approval is given by concerned authority for construction you can purchase it. But when you are going to reconstruct that time you have to follow new rule. Value wise it won't affect the value much rather you may get good value in future. Since its RERA approved you can go ahead to purchase property

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

It`s not rule but court order which is binding on authority until not set aside by Supreme Court and approval of RERA contradictory to above said ruling is contempt of NGT order.

And, conditions of such locations are getting deteriorated , which certainly will be worsened in future and until NGT order prevail, resale with good price - A myth.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Hello,

the order passed by the NGT is pending before the SC in an appeal. If the SC affirms the order then any construction later will hamper the future prospects of the land and the value of the land might decrease considerably.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Plot can be purchased and retained, for ANY other usage, to the exception of any constructions.

2. IF approval had been duly received and construction of any kind was conducted BEFORE restriction rule of 75 meters came in, THEN the construction would be termed legal enough.

3. HOWEVER, IF approval had been duly received and construction of any kind was NOT conducted till date of restriction of 75 meters, THEN "NOW" any new construction is banned, IRRESPECTIVE of the earlier received approval, which is granted by the local authorities.

4. Approval granted by the local authorities WOULD GET NULLIFIED, due to subsequent restrictions imposed by NGT or other central acts /rules.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 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.

There will be a impact on the projects started even though it has BDA approvals.There is a probability of cancelling the project in future.So if you are planning to invest or already invested be careful.And you will be able to approach the court individually only.

According to the official, the government may order demolition of properties around lake beds once storm water drains are cleared of encroachments.

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

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