• 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 4 years ago in Property Law
Religion: Hindu

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12 Answers

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.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The judgment applies to all the properties that falls within 75 mts from the water body.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

https://www.livelaw.in/top-stories/sc-sets-aside-ngt-order-enlarging-buffer-zones-around-bengaluru-water-bodies-143346

 

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 

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

You need to file an RTI to get an appropriate remedy

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

If you haven't received any satisfactory reply in RTI then you need to file writ petition in HC for the same

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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

 

 

 

 

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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