• NGT norm for lake and Hon'ble Supreme Court Judgement

I have booked a 2BHK flat for Rs. 80 lakhs in an under construction project but the agreement is not yet executed. The property is situated nearby a lake and is following the 30m existing norm. The plan of the project is sanctioned by BBMP in November 2016. However NGT judgement came into picture in May 2016. 
The project spread across 16 acres in many towers. The entire project is following the 75m buffer zone but one north-east corner of the project is around 40m from the lake boundary. I have made booking in a tower which is situated more than 100m from lake boundary. 
Recent judgment of Hon'ble Supreme Court has set aside the revised 75m buffer zone of NGT judgement. 
My question is - 1. In this circumstances what are the current guidelines for lake buffer zone which will not create problems to obtain OC.
2. If only certain portion of project is falling within NGT revised bufferzone boundary (which is 75m) even then OC for entire project will be in problem ?
I am in dilemma whether should i go ahead for agreement or should I cancel and come out.
The builder is charging too much around 3 lakhs for cancellation.
Asked 5 years ago in Property Law
Religion: Hindu

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8 Answers

Dear Client,

Buffer zone distance will apply which was adopted by BMP in it`s revised master plan. To be more precise, same situation is resumed which was prevailing before NGT order i.e. 30 meters in the case of lakes, and 50 meters from primary, 25 meters from secondary and 15 meters from tertiary Rajkulewas.

If at the time of allotment, it was not coming under buffer zone and sanctioned by BMP, deal is clear.

If you want cancellation than it should for builder fault otherwise entitled to forfeit the booking amount paid for the allotment.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

builder cannot charge more than 10 per cent of booking amount as cancellation charges 

 

2) since your building is more than 100 m from lake boundary your building should be able to obtain OC 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

It's better you cancel it as it is a very risky project.  It purely depends on your risk taking ability

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Sir after the order of Supreme court 30 m buffer zone as per city master plan  and all the plans for which approval is received shall be given OC if construction is as per the plan.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

according to NGT buffer specified is 50 Mts from edge of rajakaluve. 

better you approach the local authorities and find out the lake map and its extent.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The Supreme Court  quashed the National Green Tribunal’s (NGT) order preventing construction within the 75-metre buffer zone around lakes in the city. In a big relief to property owners, a buffer or green zone of 30 metres — as prescribed in the city’s master plan — has to be maintained around the lakes. 

The three-member bench of Justices AK Sikri, S Abdul Nazeer and MR Shah gave the judgement in response to appeals filed by the Karnataka government and a group of realtors questioning the NGT order. 

1.  The current guidelines is that as mentioned in the judgment i.e., the rule is applicable only on 30 mtrs buffer zone.

 

2.  When the NGT order on 75 mtrs buffer zone has been quashed by  supreme court vide its judgment then ther is no question of  problems in obtaining OC.

 If yo are in dilemma then better obtain a legal opinion from an advocate on this and proceed on the recommendation made.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You should consider cancelling the agreement as the North East corner of the project is violating the buffer zone and chances of OC and CC being issued are less.

Also, you would not have to wear any cancellation charges since the cancellation is not done due to any fault on your part. If builder deducts cancellation charges you can file complaint against him in consumer court or in RERA, seeking full refund, along with interest and compensation as the cancellation is due to the breach of the part of the builder, who did not follow the guidelines issued by the government.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Dear client 

  1. The current Norm of NGT have a buffer zone of 50m but for   two lakes bellandur and agara lake it is 75m. 
  2. If certain building is falling in the buffer zone then builder have to obtain permission from NGT to get construction started on that building And if NGT gives permission than project will get OC certificate easily.
  3. As your building is 100 m away from lake then you can go ahead with the purchase as cancellation will cost you more. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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