• Buffer zone

My property is suddenly in the new buffer zone. But there is 40 feet road seperating our property against primary rajakhaluve. Please advice can i construct my home? THere are home next to my property
Asked 7 years ago in Property Law
Religion: Hindu

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11 Answers

See for now no new construction can be done in the buffer zone. The homes next to your land are before the declaration of buffer zone.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If all the necessary permissions from corporation are there you can construct.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Sir,

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
6230 Answers
499 Consultations

If your property is in buffer zone you cannot carry on any construction on said property 

 

Order has barred construction activities up to 75 meter (m) from the boundary of a stormwater drain and lakes in order to save the polluted lakes

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

75 meters from the periphery of the waterbody will be maintained as a green belt or buffer zone
50mtr from the edge of a primary rajakaluve
35mtr from the edge of a secondary rajakaluve. 
25mtr from the edge of tertiary rajakaluve. 
While the new orders will not affect ongoing project. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) Yes, you will be able to build house after getting layout permission from collector or Bangalore Municipal Corporation.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Based on available documents of the Land and layout plan of the neighboring houses, you can file petition before the zonal collector, for construction permission, by following due procedure of law.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

With the implementation of the National Green Tribunal’s landmark judgement against the Mantri Techzone Private Limited and Coremind Software and Services Private Limited to follow the 75-metre buffer zone for lakes and wetlands, the government has cracked the whip on builders. The order will prospectively affect only projects that will now come up. It will not apply to earlier approved plans or buildings that are already in place.” “As far as buildings that have been built with approved plans within 75 metres of SWDs lakes or rajakaluvas, the ambit order of NGT will not affect them.

The orders will hence, disallow any further construction at least 75 metres from a lake and 50 metres around a primary SWD. Earlier, officials were following a 30-metre buffer zone order, calculated from the centre of the drain.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Client, 

Any construction on 75m from rajakhaluve is denied. Order has prospective effect, hence already constructed houses will not effect but fresh construction.

40 feet road in 75m or apart from 75. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

There is a restriction to construct new building within the buffer zone.

The NGT orders have not been challenged or there is no stay against this order.

Hence it would not be advisable to construct any structure at this juncture. 

The structures existing might have been constructed prior to the promulgation of the orderby the NGT.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

As per below available order from NGT, difficult to construct the home. Any how apply for building approval citing 40 feet road in between, as a special case they may consider.

In the case of lakes and wetlands, 75 m, from the periphery of the waterbody will be maintained as a green belt or buffer zone

» 50m from the edge of a primary rajakaluve

» 35m from the edge of a secondary rajakaluve

» 25m from the edge of tertiary rajakaluve 

Regarding already house built - will not apply to earlier approved plans or buildings that are already in place. 

prospectively affect only projects that will now come up.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

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