This is a no construction zone, since this falls within the buffer zone limit of 75 metres. Hence, you'll not be able to get the layout plan approved for this plot.
Does NGT buffer zone rules apply for BMRDA approved sites?
Hi Sir, I am interested in buying BMRDA approved plot in kadaagraha, sarjapura. The plot is approved and released by BMRDA in 2015. The plot is 50 meters distance from kadaagraha lake and so violates 75 mts buffer zone rule. Can we get construction approval for this plot ? What will be the impact in future? In total it costs around 1 crore (construciton + land), worried about future implications? The layout road is 10 meters from the lake. In future will the road area will be taken by Lake authority. Who can provide certified details on the above details ? Will current BDA rules applies to BMRDA sites in future ? Plot 69 and BMRDA approval number Ayopro\LAO\96\2012-13 and layout plan is available https://e-vinyasa.kar.nic.in/pa/frmPublicSearchSiteDetails.aspx
Asked 5 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
12 Answers
Firslty, as per the information provided in the above mentioned query, makes it clear that though the same has been approved by BMRDA, but yet contains complications.
Secondly, as it has been stated that it may violates the 75 meter buffer criteria.
Thirdly, yes it is true, but fault lies in the authorities also who have you the approval.
Fourthly, I advice you to please contact the concerned authority in your area taking care of the protection of the such rules, and get the exact picture of it.
Fifthly, as if in future, road will get acquired by the authority then you may not even get the compensation.
Sixthly, and file an RTI also to get the same clarified as to whether ut is 10 meter or may have been changed with time.
Your plot has been approved by BMRDA and you can carry on construction on said plot
2) it woukd not affect resale of plot
3) you can approach BMRDA for obtaining clarifications in this regard
Hi Sir, I am getting mixed responses from legal advice and also from internet blogs.Some says NGT rules applies to every place in bangalore and some says previously approved layouts do not have impact, but in future you can have implications .I had given property docs to my lawyer and he is also not sure on the lakes bufferzone considering BMRDA approval and NGT rules applicability for BMRDA. I even visited anekal planning authority and the officer there mentioned that as BMRDA approval was done, they provide construciton permission for the plot. This is not written statement and not sure of the future implications. BMRDA RMP 2031 updated in 2015 also mentions buffer zone of 30 meters for lake greater than 10 ha. I did not get the BMRDA latest buffer zone rules on internet. As lawyer mentioned the propery way is to get RTI on this subject. Will the RTI response , can save us in case of future implications? Can it be considered as certified copy in legal terms? Do I need to file RTI for karnataka state ? Can any one share a sample RTI relating to this subject? Do someone help here in drafting the exact RTI application? After 6 months of searching,I found the layout good interms of all. But now the concern is about the lake buffer zone for the plot and the road connecting to the main road. Even previous BMRDA buffer zone rules are different than BDA/BBMP. Buffer zone follows like 30 mts for lake greater than 10 ha and 10 mts less than 10 ha. 9 mts for raja kaluve, 3mts for Nala (Info from net). Can any one provide latest BMRDA buffer zone rules after June 2016? It is difficult to get correct information from government authorities in certified copies, what is the propery way to get certified copy in case they agree and will that save in future implications. Currently the kadaagrahara lake of 14 acres is full of trees and also this lake is identified as one of 26 lakes in sarjapura 26 by activist team. Even in the layout few rajakaluves present,no info on their type
Asked 5 years ago
You have to file RTI with BMRDA as to whether you can carry on construction in approved layouts prior to NGT order
2) you can obtain latest BMRDA rules from BMRDA office
3) you don’t need lawyer for drafting RTI application
The National Green Tribunal, increased the buffer zone around lakes in Bengaluru from 30 to 75 metres.
the NGT directive will not apply for sites and properties in layouts which secured plan approval before the green court issued its order.
No you an not get the construction approval for the said plot since the same violates the order of the NGT, you may wait till the SC passes some order on this issue.
Regards
The judgment applies to all the properties that falls within 75 mts from the water body.
regards
Even though the BMRDA has approved the flats, since the coinstruction is not started yet, you may not be able to construct the house within 75 meters from the lake zone.
BBMP stipulated buffer zone was 30M from the edge of lake at that time. In May'2016 NGT has passed 75m as new buffer zone for all lakes across.
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.
Recently(March 2019) supreme court had given judgment on NGT bangalore lake buffer zone rule for petition from karnataka/bangalore Government, stating that new NGT rule cannot be applicable in bangalore and previous rules of Bangalore RMZ 2015 rules are only applicable. I have few questions regarding the above 1. Can I get the exact SC judgment details(against NGT lake bufferzone judgment on March 2019) from any online links? Please share the link or list the exact details 2. So, with the above judgment, can we purchase properties which are in 50 meters lake buffer zone ? The property which I am looking is present 50 meters from the lake. The plot is located in BMRDA anekal location. Do you forsee any future implications on plot purchase? Few details about the plot location, the plot is approved by BMRDA anekal in Feb 2015 and is located 50 meters from kadagrahara lake located at kadaagrahara village near somura gate and near to sarajapura road. 3. Is this SC decision final or will it change again the buffer zone limits according to NGT ? 4. As per the previous discussion, I had filed RTI to NGT, BMRDA. But I did not get the expected answers in reply. 5. What are the latest(applicable for 2019) BMRDA anekal lake buffer zone rules for lakes, rajakaluves. 6. Which rules BMRDA anekal planning Authority is following to approve BMRDA plots for 2019? How can we get this information from BMRDA anekal? In RTI reply, they mentioned to visit the office and get the details. I think the response from office staff in personal visit will not be very smooth and the officers do not pay attention. Is there any other way I can get the information regarding the new buffer zone rules of BMRDA anekal region?
Asked 5 years ago
2) you can obtain copy of said judgment by clicking on said link
3) you can purchase property which are in 50 meter buffer zone
4) SC judgment is final
5) you should visit BMRDA office personally and get details desired byyou
You need to file an RTI to get an appropriate remedy
If you haven't received any satisfactory reply in RTI then you need to file writ petition in HC for the same
Supreme court of India
Civil appeal no.5016/2016
Mantri tech zones Vs. forward foundations and others
By Abdul NazeerJ
2. Whether you can buy the property located within 50 meters on the basis of this judgment is to be decided after taking a legal opinion.
3. it cannot be predicted since the NGT may even file a review petition.
4.no comments
5. The latest is the one which is existing
6. Did you visit the office, without ascertaining the facts dont jump into any conclusion