• Encroachment of lake by property

Hello,

I am buying an apartment in a residential complex that is located adjacent to a lake in Bengaluru. I recently found out about the judgement of the National Green Tribunal in 2016 that mandates no construction in the 75 meter buffer zone from the edge of any lake. The builder had received necessary legal approvals at the time when the buffer zone was limited to 30 meters from the center of the lake. Right now, only a compound wall separates the residential complex from the lake, which is in accordance to the lake boundary indicated in the revenue map of the locality. The residential complex is still partially under construction. The commencement certificate is available with the builder but the occupancy certificate has not yet been obtained. I have the following queries:
1) Will the new law be applicable to this residential project which was launched in 2013?
2) If yes, what are the legal implications?
3) Should I purchase the apartment?
Asked 1 year ago in Property Law from BANGALORE, Karnataka
Religion: Hindu

New law will not be applicable as it does not have retrospective effect.

Show all the documents and permissions related to apartment to good local lawyer. If he says all documents are clear then you can purchase.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

1. No the law applies from the date of order, that is projects after 2016 the already running shall not be disturbed.

2. See get the approved maps of the project copy of title and joint developer agreement and find out that in the project is not inside the 30m Radius as the law was in 2013. Get all the approvals and the documents verified from local lawyer if the title is perfect then you can but the property.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

is your builder aware of the judgment passed.??

Charulatha M
Advocate, Bangalore
6 Answers

Not rated

Hi, if such notification has been issued , it is advisable not purchase the flat in such project ..There can be litigations which can effect the project in nearby future

Hemant Chaudhary
Advocate, Gurgaon
4259 Answers
31 Consultations

4.9 on 5.0

1) don’t purchase the apartment

2) no OC would be issued to project

3) judgment of NGT would be applicable to your project

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

A bench, comprising Chief Justice of India TS Thakur and justices AM Khanwilkar and DY Chandrachud, also directed that no construction activity be carried out for now in all such cases while staying fine amounts imposed on one entity by the National Green Tribunal. The NGT had in an order passed on May 4 increased the buffer zone to be maintained as green zones around wetlands and lakes from 30 metres to 75 metres from the edge of the water body.

This has been challenged earlier in the top court, which stayed a fine on another entity on an assurance that no further construction activity will be carried out.

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

Yes. Nationalised banks gives loan only after checking all the legal documents. So if it is giving loan then then property is legally cleared. You can buy it without any worry.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

Yes if the project is not approved or a slightest legal problem bank shall not offer loan so if there is bank approval go ahead with the project

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

1. Yes the law is applicable to them also.

2. The case is pending in appeal before the SC,, the fate depends on the order of the SC

3. I would not advise to purcha

se the same

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

If some adverse order is passed by the SC then the bank approval will have no value

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

1) wait for OC to be issued then only purchase flat

2) if you take loan and no OC is issued you would have damoscles sword hanging over your head

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

1. The project of construction of flats already commenced before the NGT's order, you may continue with the construction.

However if you have not started the construction work then you may have to abide by the latest rule.

2. The construction may be demolished.

3. Better obtain legal opinion from a second lawyer and then purchase the property.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Do not blindly go by the bank's approval.

You may obtain legal opinion from a local lawyer and then proceed.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

1. It is in your interest to not to purchase the apartment as OC cannot be issued to the project.

2. You may be enmeshed in a ling drawn legal battle if you purchase it. Tomorrow if the project is ordered to be demolished or sealed then the fact that a nationalised bank had sanctioned loan and other nationalised banks too were ready to sanction loan will not come to your rescue. Empanelled lawyers of nationalised banks are more often than not bribed to obtain a positive report.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

1) Will the new law be applicable to this residential project which was launched in 2013?

Ans: Yes, it is applicable and you will be under danger zone.

2) If yes, what are the legal implications?

Ans: The builder may be asked to pay huge penalty and on not paying the building may be demolished. But in rarest of rare cases such demolition will be undertaken.

3) Should I purchase the apartment?

Ans: No, to have peace. If you wish to purchase the troubles and agony along with apartment you can purchase it, if it is available for throw away prices. If you are peace loving person then my advise is not to purchase.

4.There are many nationalised banks that are offering pre-approved home loans for this residential project. The loan officer of a major private bank confirmed that the residential project had met all the legal requirements for availing home loan to potential buyers. Would such legal verification by the banks involve checking for violation of the construction or lake encroachment rules?

Ans: Banks are listed at No.1 in cheating the people they advance loans on even color Xerox documents. They will come over your personal properties and they will any how hide their mistakes. The Courts always support them saying it has advanced the public amount. The law on buffer zone is as follows.

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According to the NGT order, a 75-metre periphery along lakes must be maintained as green belt and buffer zone. This limit can be kept at 50 metres in case of primary Rajkulewas (storm-water drains), 35 metres in case of secondary Rajkulewas and 25 metres in case of tertiary Rajkulewas.

The order reads: "This buffer zone would be treated as a 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 the offending constructions, including boundary wall shall be demolished which falls within such areas."

Kishan Dutt Kalaskar
Advocate, Bangalore
4438 Answers
112 Consultations

5.0 on 5.0

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