No construction can be carried on within 50-metre for primary, 35-metre for secondary and 25-metre for tertiary 'Rajkulewas'.
2) you would not be granted permission for redevelopment
KHB allotted home near storm water drains
Dear sir I have a 22x30 sq ft. Home in my name which is a KHB allotted property in Yelahanka New Town, Bangalore. I bought it from first party in 2005. It's about 20 feet far from a Strom water drain which was built by KHB back in 90s when they formed the layout. Now I want to demolish the old house single floor and construct a new building. I am a poor man and only have this property in my name, I have all the documents related to the property and have khatha in my name and have paid all the taxes up to date. When I approached the local civil engineer for plan approval he said since it comes in buffer zone you can't get approval, I have not approached bbmp authority directly, kindly advice is it true and what can I do if it is true, Can I file a suit?
Asked 9 months ago in Property Law
Religion: Hindu
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8 Answers
File writ in High Court.
(KMC) Act 1976 states that “no construction shall be permitted within the buffer zone of a Storm Water Drain.” Therefore, you will not be able to get approval for the plan you have proposed..
But this property is a "A" khatha property and was allotted by Karnataka Housing Board in 1994 and is a state government enterprise, if KMC 1976 act was in force then why did it allot.....is it not a cheating ... please advice me to get justice please
Asked 9 months ago
You would not get any permission for redevelopment as your plot is located within 20 metres of storm water drains
That's why I told you to file writ petition before High court
Court can only give you relief
The local civil engineer may be right in his opinion because your property is located within 30 meters of the buffer zone.
No permission for fresh construction is permitted within the 30 meters of the buffer zone.
Even though yours is a old building, you cannot demolish it and reconstruct a new building owing to the prevailing law in this regard.
In Bengaluru, the extent of the lake buffer zone is 30 meters around the water body.
The buffer zones prescribed by the NGT are 50, 25 and 15 meters for primary, secondary, and tertiary storm water drains respectively.
The old rules and laws have caused havoc to Bengaluru's present flood situation.
The ruling by the NGT towards the buffer zone as described in the present rules has the approval of supreme court.
Following widespread flooding and Chief Minister Basavaraj Bommai’s directions, the Bruhat Bengaluru Mahanagara Palike started clearing properties, which have encroached storm-water drains (rajakaluves) in the city.
While the compound walls of three residential buildings were torn down in Dodda Bommasandra in Yelahanka zone, walls of TZed Homes in Varthur and some other structures, which had extended into the SWD in the Mahadevapura zone, were also demolished.
There are various cases where the local civic authorities demolished a pathway as well as a wall at a tech park on Outer Ring Road, for blocking the SWD which was connected to the Bellandur lake.
They have also constructed a temporary parallel drain, which is about 300 metres on the service road at the same place, to ensure that there would be no flooding in case of heavy rains. The drain has been linked to a culvert to remove water.
In zones like Mahadevapura and Bommanahalli, previous authorities had given licences to build, but now the drains at those places are affected.
In Yelahanka zone, the officials have devised a stage-by-stage demolition plan of encroachments, while in Mahadevapura, Shantiniketan Layout, parts of DNA apartment, and a few other places have been marked for clearance.
You can file writ petition in HC and seek explanation for the same from government
