Yes you will require the express approval of the BDA for the same. you can apply for the same and construct as per the approved sanctioned plan
Can I construct on my BDA site (2nd owner) inside the 30-75m buffer zone (NGT rule in 2016)
Hi We bought a site from a BDA allottee in Anjanapura 11th Block Further Extension BDA Layout (Bangalore) back in 2013 (all white money). This site is very close to the Kembatahalli Lake although we are not sure if it is within 75 meters. Some real estate salesmen say that it is now within 75 meters, but Google Maps shows that it is 80 meters from the edge of the lake. My questions regarding this situation are: a) As this is a BDA site previously allocated to an owner, will I ever be able to construct anything on our site? b) Would BBMP reject any plan we submit even though this is a BDA layout laid out in 2011. c) What are the steps we can take now to avoid this issue in the future? (we do not plan of building anything soon but if required we can expedite) Cheers, Kashinath N Shenoy
Asked 7 years ago in Property Law
Religion: Hindu
17 Answers
You cannot carry on any construction on said land as your land falls within 75M of lake
2) in view of NGT order BBMP would not sanction construction on said plot of land
3) since appeal is pending against NGT orders before the SC wait for SC to dispose of the appeal
Sir the builders in area has challanged the order of NGT before the Supreme court ,as of now the authority won't grant plan approvals and construction permission of the said area is in 75 meter radius. So wait for SC to decide.
1. Send a RTI application tot he land survey department to know the distance. Do not depend on the google map or BDA plan.
2. yes, it may if it falls within the Green Zone.
3. First gather the information on its distance and then apply for the approval of the plan.
1. The Karnataka Government has challenged the order of NGT in Supreme Court regarding NGT's order of not to construct any building within 75 mtrs of the Lake and the matter is under sub-judice.
2. It is likely that SC may ask NGT to revise the buffer zone from 75 mtrs to 30 mtrs, as was being practiced earlier.
3. If NGT order is implemented in Bangalore, 90% of the buildings which are constructed within the buffer zone of Lakes, Rajakaluves, Secondary drains and Tertiary drains have to be demolished, which is impossible.
4. Since it is a BDA site, no loss will happen to you and likely that SC may strike down NGT's order of maintaining a buffer zone of 75 mtrs from the Lake and restore 35 mtrs.
5. After the judgement of SC, you can construct house and now, anyway, BBMP cannot sanction plan for constructing the house, since the matter is under sub-judice.
it will applicable until and unless to issued a notification/circular for declaring that the Buffer Zone cancelled due to no water in the lake. it is applicable Buffer Zone 75 mtrs from the edge of the lake.
Dear Client,
NGT act has prospective effect, if site comes under 75 radius than no construction permitted but don't go on agents words. Confirm from authorities if it really coming in restricted area.
Yes.
No solution until relaxation in NGT order or over ruled which is rare possibility.
1. no. Wait till the SC decides on the said matter.
2. You may go ahead and submit the same and see what order does BDA passes and with what reasons
Regards
Thank you for the answers. I have a few follow-up questions: a) How do I keep myself up-to date about the progress of this case in Supreme court? Is there a website I can check? b) How do I file an RTI for the land survey to check if my site is within the 75m buffer zone from the nearby lake? Can I do this online as I am not currently in Bangalore? I tried using https://rtionline.gov.in/ and there is no department in the ministry department dropdown that might be responsible for land survey department. Thanks and regards, Kashinath Shenoy
Asked 7 years ago
1. You can check.on SC website further status on same is published on blogs and newspapers when the matter is taken up for hearing.
2. You can file an application and can seek map of the area.from the department and from that.distance can be figured out.
1) newspapers would be reporting about latest development in the case
2) file RTI with BBMP as to whether your site is within 75 m buffer zone
3) you can send RTI application by post also
Yes you can check it on the supreme court's official website. You can manual file RTI.abd submit it to PIO of the said dept
If you know the case number then you can get information from SC website regarding case..
You can file your RTI application by visiting RTI.ONLINE. GO.IN
SC judgement will public widely when pronounce and find some local known to file RTI in your name.
As per NGT orders, no construction will be permitted within 75 meters buffer zone.
BBMP may not give approval for construction.
You may have to wait for the appeal preferred before supreme court in this regard.
You can check it in ecourts web site
You can send the application to the land revenue department seeking the desired information.
a. Since the plot has been previously allocated by BDA to your sellet, the right to construct house thereupon has also been transferred to you.
b. Ordinarily, BBMP can not cancel your construction plan on the said land allocated by BDA since it is a validly allocated plan.
c. You can submit a construction plan and get the sanction of the same.
1. There is Supreme Copurt website from where you can collect the information.
2. You can engage a Govt. approved Surveyor/Amin at Bangalore and get his survey report specifying the distance of your land from the edge of the lake.