NGT in a recent judgement has given certain directions regarding Buffer zone for bengaluru. Need more clarity on the same. I quote from the Judgement, "9. No new facility or expansion of existing facility within 75 meters (buffer zone) of Rajakaluves / SWDs to be permitted. No fresh permission or sanction ought to be given by the municipal authorities to any project or facility within the buffer zone. 10. Structures, between 30-75 meters of Rajakaluves, which have already been constructed prior to 07.05.2015 (Forward Foundation Judgment) but are uninhabited, not to be occupied without the prior permission of the Hon'ble Tribunal and in any event not until the commissioning of the STPs in order to prevent generation of more sewage. 11. Structures between 30-75meters of Rajakaluves, which are under construction, be restrained from constructing further without the prior permission of the Hon'ble Tribunal and in any event not until the commissioning of the STPs. 12. Permission or sanction or consent or EC for structures between 30-75 meters of Rajakaluves where construction was below 25% of the total built-up area as on 07.05.2015 (Forward Foundation Judgment) be withdrawn. The Hon'ble Tribunal may issue appropriate directions and orders keeping in view the interests of the buyers who would eventually suffer financial loss." The Bengaluru development Authority had stipulated buffer zone of 30m,15m,25m,35m for lakes, tertiary, secondary, primary drains respectively in the master plan, which was earlier extended by NGT to 75m,25m,35m,50m on 4/5/2016. Now this new judgement dated 6/12/2016 it has further altered the buffer zone. My questions are Did NGT in point 11, put a stay on under construction projects which fall in the buffer zone and need to get clearance individually from NGT to further construct and occupation? Does it mean if STP is present in can be given permission? What happens to under construction projects that fall in increased buffer zone as on 7/5/2015 with less than 25 % area, but now have completed constructions? As per point 12. How does total built up area calculated in multi tower residential complex here, where builders construct towers in phases, but do get approvals to including EC (environment clearance) for the entire project. Does it mean Tertiary Rajakaluves also leave a buffer of 75m? Under question 2 above, if such a project eventually got OC will that OC be liable to be cancelled?
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Dear Client,
This meant, no permission at all till STPs formed and after its commissioning , permission from tribunal mandatory.
Construction is illegal and is violatation of tribunal order, hence no consideration for financial losses for construction up to 25% too.
Any construction after 07.05.2015 encroaching/over 75 meters is illegal and OC invalid for such portion,
Yes - 75 m
1) no construction can be carried on under construction projects without permission of NGT
2) even if STP is granted then only also permission is necessary
3) even for completed projects possession not to be delivered without BGT permission
4) OC would be cancelled
See according to the words of the judgement the permission is required to be taken from the tribunal and an application or permission can be granted only after constitution of the STP.
So individual clearance is required as per order.
See according to the order if as on date they were below 25 percent then further construction was stayed but if the construction is complete then this is breach of order and contempt so this would be separate litigation now.Though as of now the structure would be illegal.
Built area for complete project is calculated.
Yes a buffer zone of 75 M.
Yes OC may be cancelled if received contravening the order.
The order is clear which restrains further constructions without the prior permission of the Hon'ble Tribunal and in any event not until the commissioning of the STPs. Therefore the individuals who suffered fiancial loss my approach the tribunal seeking its permission accordingly.
The constructions which has not been progressed beyond 25% would be considered provided the Tribunal, if approached may issue appropriate directions and orders keeping in view the interests of the buyers who would eventually suffer financial loss.
The restricted area will not get OC or CC and the further actions would be initiated by the Tribunal for violations of the rules.
In bangalore, its common practice , buyers take possession of flat and register flats even without OC though its illegal. In our apartments, even with a new litigation of NGT approval pending. 30-40% of flats are already registered to respective buyers. Builder is not cooperative given that a specific stay hasn't been given on builder. A group of people like are now confused, what needs to be done to safe guard our interest.
There is no harm in registering flat in your name but don’t take possession till OC is issued
The Flats falling within NGT buffer zones cannot be registered and the registrar office is having a clear instructions or circular in this regard.
So what you heard about this is a misleading information.
Buyer beware is the policy to be adopted.
See for buyers it is always necessary to vet project properly before.putting there money in it. Further if there violation of the order you can reach out the tribunal
Stay is in rem, against general public and govt. And buyers are at risk, nothing will of builder. It is buyer duty to check all clearance before sale.