• Storm Water Drain buffer zone in Chandapura TMC Zone

Hello Sir/Mam,

I am planning to purchase a TMC Katha site in a BMRDA-approved layout (approved via Anekal Town Planning Authority) in Karnataka, Anekal Taluk, Attibele2 Hobli, Iggaluru Village (Now it comes under Chandapura Town Municipality). The layout is approved and 100% released. 

The site is 30 Feet (9 Meters) away from Storm Water Drain. In the revenue map, it is indicated as Stream and in BMRDA approved map it is indicated as Culvert.

Stream width is 30 Feet (9 Meters) Does Storm Water Drain or Culvert and Rajakaluve one and the same? Does this fall under buffer zone? Can I purchase this property?
Asked 3 years ago in Property Law
Religion: Hindu

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6 Answers

As per SC judgment direction is issued 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'.

 

consult a local lawyer before purchasing plot 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The portal www.rajakaluve.org enables Bengaluru residents to know if their property is built on a stormwater drain or raja kaluve. All one has to do is enter the taluk, hobli and village details to know the location of the property.

Bengaluru has a cascading drainage system wherein primary drains (rajakaluves) connect one lake in the city to another. Further, secondary and tertiary/roadside drains channelise rainwater runoff into primary drains.

For Rajkaluve buffer zones prescribed by the NGT are 50, 25 and 15 meters for primary, secondary, and tertiary storm water drains respectively.

Chapter 4, Regulations for Main Land Use Zones, Section 4.12 (ii) provides: Valley/Drain: There shall be buffer zones, measuring 50,25 & 15 meters on either side of the three types of drains namely primary secondary and tertiary.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. There should be minimum buffer zone of 15 mtrs from Storm Water Drain and 50 mtrs from Rajakaluve.

2.  As per your narration, if the stream or Rajakaluve or storm water drain is located within the buffer zone, i.e., in the instant case 9 mtrs, then it falls under buffer zone.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Storm Water Drain and Rajakaluve are not one and the same. Rajakaluve is a natural channel of water, while Storm Water Drain is an artificial channel of water.Purchasing a TMC Katha site in this location is subject to the rules and regulations of the BMRDA and the Anekal Town Planning Authority. The buffer zone mentioned in the BMRDA approved map should be adhered to and if the site is located within the 30 Feet (9 Meters) from the Stream or Culvert, then it may fall under the buffer zone. Therefore, you should contact the BMRDA and the Anekal Town Planning Authority to get a better understanding of the buffer zone regulations and whether or not this property can be purchased.

 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear client 

The terms "storm water drain," "culvert," and "rajakaluve" generally refer to different types of water channels, but in some cases, they can overlap or be used interchangeably. It is important to understand the specific terminology used in the layout plan and in the revenue map to determine the exact nature of the water channel and its proximity to the property.

Regarding the buffer zone, if the property falls within a buffer zone, it may be subject to additional restrictions or regulations. However, buffer zone requirements can vary depending on the specific location and applicable laws and regulations. Therefore, it is important to check the relevant regulations and consult with a qualified legal professional to understand the implications of the buffer zone, if any.

Additionally, before purchasing the property, it is important to conduct a thorough due diligence process, which includes a title search, a survey of the property boundaries, verification of the necessary permits and approvals, and an examination of any encumbrances or disputes related to the property. You may also want to engage the services of a qualified legal professional to help you with the due diligence process and to ensure that the purchase agreement is legally sound.

Overall, while the presence of a water channel near the property may raise some concerns, it does not necessarily mean that the property is not suitable for purchase. However, it is important to carefully evaluate all relevant factors before making a decision.

 

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You can find the same through filing RTI in BMRDA

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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