• Purchasing flat: Nala shown in the village map middle of the apartment

Planning to book an flat in Bangalore, finalized an apartment. Project is approved by nationalized banks including SBI for loans, however I see a nala or blue line in the village map flowing through middle of the apartment. Project is approved by the BDA, in the project site plan I see mention of the nala it says "C/L of NALA" and has a dedicated buffer zone of 15m on each side. Totally builder has left 50m or 25m on each side of the nala as shown in the map. But importantly builder has provided the provision underground for nala with width of 8ft and depth of 5ft and top of the nala is completely sealed and amenities like park, play ground is built on top of that (no RCC structure). So my question is whether it is legal to do that? In the approval letter i see buffer zone can be beautified but there in no mention of whether it can be sealed completely. So my concern is not on buffer zone as builder has left sufficient space but whether sealing the nala is legal and is there any possibility of government body asking it to open later point? Because that will completely spoil the property and is value.

Thanks in advance.
Asked 1 year ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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7 Answers

Any water body can be closed only by Municipal Corporation with consent from PUB,  Water Board and Sewerage Authority. Check if there any such permission granted. Failing such permission, sealing is not legal and can be opened anytime by authorities. Further, it has serious consequences during rains. Any one can simply email a complaint to Green Tribunal leading opening to nala.

Ravi Shinde
Advocate, Hyderabad
4067 Answers
42 Consultations

5.0 on 5.0

Hi, Builder Can't seal the Rajakaluve and he has no authority to built  above the Rajakaluve. It is better you can avoid the purchasing the same.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
336 Consultations

4.5 on 5.0

You are concern in this regard is justified and is natural especially foreseeing the future issues.

The act of sealing the gutter is against the law, the builder cannot take law into his hand to seal the gutter and utilize the same for some other purpose as mentioned by you.

The builder may depart from the scene after having sold the entire flats, leaving the flat owners to face the problems in this regard especially over such illegal structures.

The approval of BDA does not means that the builder has been authorised to seal the Nala, have you confirmed this from the approval granted by BDA. 

There is no point in builder leaving space towards buffer zone when he has totally sealed the entire buffer zone by a concrete cover,

You may better obtain a proper legal opinion particularly insisting your concern from a local lawyer and proceed only if recommended. 

T Kalaiselvan
Advocate, Vellore
85135 Answers
2218 Consultations

5.0 on 5.0

File RTI application with the BBMP as to whether builder can seal the nala and amenities built on top of nala 

 

based on response received take a call as to whether to purchase a flat or not 

Ajay Sethi
Advocate, Mumbai
94934 Answers
7575 Consultations

5.0 on 5.0

Dear client whatever BDA has provided and passed in the apartment plan anything beyond that is illegal and the same can be reported under RERA act before the RERA COURT

Anik Miu
Advocate, Bangalore
9020 Answers
110 Consultations

4.7 on 5.0

Yes, as you fear, it is  a violation of BDA's approval. Though the promoter has created the buffer zone as legally required, sealing of the stream and construction of parks and playground over it are clear violations for which BDA may take appropriate action at any time in the future.

Swaminathan Neelakantan
Advocate, Coimbatore
2821 Answers
20 Consultations

4.9 on 5.0

It's not legal you can complaint to concerned municipal corporation for the same 

Prashant Nayak
Advocate, Mumbai
32077 Answers
183 Consultations

4.1 on 5.0

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