All laws applicable to water bodies will apply to you construction with retrospective effect. There no question of considering you construction a old. But the distance is 20Mts. from water body, you construction quite out of buffer zone.
Buffer Zone for Lakes in Bangalore
Dear All, I started the construction of my house this year in February/March, on my property bought in 2013. The residential house is due to get completed by January 2023. The locality was still under the purview of Gram Panchayath when I started the construction of the structure and has been duly approved by GP for construction. The locality has now been included under BBMP according to the draft gazette notification released in July 2022. There is a lake besides my property at around 20 meter. Does the lake buffer zone laws from BBMP apply to my construction as well or will it be considered as an old construction, since the construction started well before the inclusion of the locality under BBMP?
Asked 3 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
8 Answers
1. As per Hon'ble High Court Order, there should not be any construction activity in the 30 meter buffer zone around the lake.
2. In the instant case, the property is constructed at around 20 meters.
3. Rule for Buffer zone around lakes, water bodies, etc, apply not only to BBMP properties but also to GP Properties as well.
The lake buffer zone will be considered as on date and as on date the construction has not been completed though you had started it long ago.
Since your property falls within the 30 metres lake buffer zone, you have to be cautious about it and be ready to act swiftly to file an injunction suit restraining the authorities from taking any action on it, sooner you receive a notice from BBMP authorities.
You have carried on construction as per sanctioned building plans
2) lake buffer zone would not apply to construction carried on by you
If it's old construction it will not be applicable retrospectively
- As per the judgment the National Green Tribunal judgment passed in 2016 , a new buffer zone of 75 meters for lakes and wetlands will be a no-construction zone, which was earlier 30 meters..
- Further, the NGT has also ruled that the buffer zone of the rajakaluves must be calculated from the edge of the drain and not from the center of the drain.
- If you have started the construction after the passing of the judgment , then it may applied in your case as well , even you have purchased it prior to 2016.
Dear client, I am sorry to earn that but I this as per the law lake buffer zone rule will apply to future construction that is construction post the application of this rule. Since your property construction stated way before this rule hence it will not affect your plot.
Once the property has come under the jurisdiction of the BBMP, only its rules and regulations apply, notwithstanding when you constructed your house. Better check with the BBMP authority about the lake zoning.
