The buffer zone is measured from the edge of the water body. NGT rule is binding upon BDA
Regarding: Buffer zone around lake in Bangalore (From where 30 meters measurement starts from the edge of waterbody)
Dear Sir/Madam, My father had brought 27 Guntas(0.7 Acre) agriculture land in 1999 in Bangalore South, converted it to Industrial purpose, set up a small Industry & ran for 15 years until 2017 & then closed. As per the village map their is a small Lake bund road, with one side lake & other side property. Lake is well developed now with 10 feet footpath around the lake & then boundary is fenced, then 40 feet lake bund road is their to connect National highway to nearby urban Village. Recently in June 2024, I visited BDA office for Buffer zone related clarification, They said, According to Survey sketch, Lake bund road is in the same survey no of the lake & hence they consider 40 feet road also as lake it self. So 30 meters buffer zone area starts from the property itself excluding the 40 feet road, resulting in almost 80% of my property falling in Buffer Zone, its a huge loss. I told them the 30 meters buffer zone should start from edge of water body as per NGT rule & hence the 40 feet road should be taken as buffer zone, but they told me edge of the water body is beginning of my property itself, as the 40 feet Lake bund road is formed in the same survey no of the lake. It would be great, if anybody could offer some help. Thank you very much in advance. Regards Manjunath
Asked 7 months ago in Property Law
Religion: Hindu
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12 Answers
Sir, the question is which point is considered as edge of waterbody ? 1) Is it the actual edge of the lake where water resides ? 2) Is it the edge of the survey number of the lake including any public roads existing (40 feet in my example)? their is lot of difference between the above two, Can you please clarify, Thank you in advance.
Asked 7 months ago
It will be as per the boundary in the survey number
the point considered the edge of a water body, specifically for regulatory purposes and buffering zones, is often the water edge or the shoreline itself.
Thank you Ajay Sethi Sir, This is exactly my understanding, but BDA (Bangalore Development Authority) is denying this point & they consider edge of the survey number of the lake which is 40 feet beyond the Shoreline as edge of water body, I'm not getting approval from BDA for construction. How can I proceed to sort it out legally ? Should I file a case ? or how to get clarification from NGT ? Request you to suggest.
Asked 7 months ago
Obtain in writing from BDA that edge of water body is survey number of lake which is e- feet beyond shoreline
then you can challenge the said interpretation before NGT
Sir, I have already collected this document from BDA, Can you help me challenge it before NGT ? Please let me know, I can contact you personally to proceed further.
Asked 7 months ago
Dear Mr. Manjunath,
Based on your situation, you have two clear legal options:
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File a representation to the BDA Commissioner, stating that the 30-meter buffer should be measured from the actual edge of the waterbody, not the survey boundary or road. Attach supporting photos and documents.
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If BDA refuses, you can file an Original Application before the National Green Tribunal (Southern Zone, Chennai) under Section 14 of the NGT Act, 2010. The NGT has consistently held that the buffer zone is to be measured from the physical edge of the water, not from public roads or survey limits.
If needed, you may also consider a writ petition before the Karnataka High Court challenging the arbitrary interpretation by BDA.
The 30-meter buffer zone around a water body is typically measured from the edge of the water body.
This means that no construction or other activities are permitted within that 30-meter area from the water's edge.
The exact size and rules of buffer zones can vary depending on the specific location, regulations, and the type of water body. By way of an order, the National Green Tribunal (NGT) has amended the provisions in Bengaluru’s Revised Master Plan (RMP), 2015, regarding the buffer zones of lakes and their feeder canals (rajakaluve).
In the verdict on the encroachment of Bellandur lake wetland, the five-member panel of the NGT led by its chairperson Justice Swatanter Kumar said in the order, “We are of the considered view that the fixation of distance from water bodies (lakes and rajakaluve) suffers from the inbuilt contradiction, legal infirmity and is without any scientific justification. The RMP, 2015, provides 50 metres from the middle as buffer zone in the case of primary rajakaluve, 25 metres in the case of secondary rajakaluve and 15 metres in the tertiary rajakaluve in contradiction to the 30 metres in the case of lake which is certainly (a) much bigger water body and its utility as a water body/wetland is well-known part of wetland.”
The NGT stipulated that the buffer zones for lakes will be 75 metres and not 30 metres while ordering measuring the buffer zones of the rajakaluve from the edge and not from the middle.
To calculate the 30-meter buffer zone for a water body in Bengaluru as per NGT (National Green Tribunal) guidelines, you need to measure a 30-meter distance from the edge of the water body.
The authorities are themselves in a confused state regarding measuring the water body whether from the edge i.e., where the water meets the land or the one what they have informed you.
You may wait for any action to be taken by the competent authority, after that you can plan to escalate the matter through court of law.
If BDA is refusing to grant permission for construction beyond the 30 metres buffer zone, then you can get their reason for refusing to grant permission in writing and file a writ petition before the high court seeking direction to authority concerned accordingly.
You can contact the chosen advocate of this website through phone consultation option available in this website and proceed as advised by the chosen lawyer.
You can challenge the matter before NGT but the problem is that your survey number and the water body survey number is same, hence you may not be able to get any relief through NGT, instead you can approach high court with a writ petition against the competent authority
Best of luck
You need to engage any lawyer on this website for said purpose
Dear Sir/Madam,
It is suggested that the first you approach through RTI application and get the things clarified. It is expected that the issues would be solved through this. If not solved, this will enable you to get the case prepared well for the concerned authority. It is also suggested that state pollution control board should be approached before approaching to NGT.
