• What is the present catchment area or buffer zone from drain (rajakaluve) in Bangalore

Dear lawyers,
Thanks in advance, 
I'm planning to buy a BDA site in Vishveshwaraiah layout 3rd block ,Bangalore which is around 100ft ( nearly 30 metres) away from the Drain ( SWD- rajakaluve ). I'm not sure what is the current rule passed out, some say it is around 50 Metres , others say its 6 metres, or 15 Metres. I'm really confused, please help me out. For land purchase I'm planning to go for 70% loan from bank. Please provide me concrete information for the same. Thank you all. 
With best regards,
VasuDev. R
Asked 5 years ago in Property Law
Religion: Hindu

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9 Answers

The NGT judgment imposed a new buffer zone of 75 metres for lakes and wetlands which will be a no-construction zone, as opposed to 30 metres of buffer earlier.

 

2) The NGT has also ruled that the buffer zone of the rajakaluves must be calculated from the edge of the drain, as opposed to the current norm of measuring from the center of the drain. This has to be followed for all future projects

 

3) The distances in respect of buffer zone specified in this judgment shall be made applicable to all the projects and all the Authorities concerned are directed to incorporate such conditions in the projects to whom Environmental Clearance and other permissions are now granted not only around Belandur Lake, Rajkulewas, Agara Lake, but also all other Lakes/ wetlands in the city of Bengluru,”

 

4) In May 2016, the NGT had increased the buffer zones around lakes from 30 m to 75 m. It stipulated the buffer zone even around SWDs at 50 m from the edge of primary drains, 35 m from secondary drains (big drains), and 25 m from tertiary drains.

 

5) 

SC Sets Aside NGT Order Enlarging Buffer Zones Around Bengaluru Water Bodies;

 

6) A bench of Justices A K Sikri, S Abdul Nazeer and M R Shah allowed the appeals filed by the Karnataka government and others direction for maintaining a buffer zone and green belt of 75-metre in case of lakes, 50-metre for primary, 35-metre for secondary and 25-metre for tertiary 'Rajkulewas'.

Ajay Sethi
Advocate, Mumbai
94877 Answers
7568 Consultations

5.0 on 5.0

Yes you can go ahead.  First assure that you will secure loan for the same from bank

Prashant Nayak
Advocate, Mumbai
32030 Answers
183 Consultations

4.1 on 5.0

The building rules keeping in mind the newer environmental norms  changes every now and then.

The various rules available online on that regard is not authentic and hence should not go with this.

The best person to advise you on the issue is the Municipal Commissioner ( Building) or its official who are in charge of the locality.

Do not adhere to the assurances given by the builder and go check on your own.

Devajyoti Barman
Advocate, Kolkata
22853 Answers
492 Consultations

5.0 on 5.0

Hello,

 

the rule is 50-metre for primary, 35-metre for secondary and 25-metre for tertiary rajkaluves (stormwater drains).

 

regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

30 meter max.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

50 meters (164 feet) from the edge of a primary rajakaluve
» 35 meters(115feet)from the edge of a secondary rajakaluve
» 25 meters (82 feet) from the edge of territory rajakaluve.

Please visit IIMB-RERI portal to check rajakaluve

encroachment. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Earlier the buffer zone ws 75 meters  from 30 meters.

Now after supreme court has given verdict it has reverted to 30 meters.

It is always advisable to obtain a proper legal opinion from a local lawyer in this regard before venturing into the purchase.

 

T Kalaiselvan
Advocate, Vellore
85078 Answers
2213 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been made confused, but sir it is also for a reason that everyone is getting their different research result.
  2. I would like to inform you that there is no fixed limits for long duration as it keeps on changing depending upon the need of the time and position of the drain.
  3. I would advice you to please file an RTI before the concerned authority and you will get your present limit.
  4. But, make sure that you draft the RTI in a well manner as otherwise the PIO will give the answer in no as they try to get rid of detail writing and gathering information.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

The buffer zone from drain in Bangalore is 30 m as per the latest verdict of supreme court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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