• Does residential plot come within ESZ

Hi.. This is regarding a recent news item. Link below-
https://www.deccanherald.com/india/karnataka/bengaluru/bannerghatta-cec-flags-eco-sensitive-zone-violation-suggests-restoration-3854796

Its regarding the reduction of the ESZ around the boundary of Bannerghatta National Park (BNP). The ESZ in 2017 was proposed at 100 metre to 4.5 km from the boundary of the Bannerghta National Park. This was cut to 100 metre-1 km as per the 2020 notification. As a result, the total area under ESZ came down from 268.96 sq km to 168.84 sq km.

As per the news report- “The original ESZ extent of 268.96 sq km as proposed in the 2016 draft notification shall be fully restored,” it said, adding that the “entire exercise” to renotify the ESZ shall be completed in six months.

I have purchased a plot 2 years back in a housing layout. It currently comes within around 2 km from the outer boundary of the bannerghata park and within the ESZ (as per 2016 draft notification).
In case the draft 2016 ESZ rule is implemented in future, what impact will it have on my plot or house (if i construct one), as my plot will come under the new ESZ (if implemented).
Asked 20 days ago in Property Law
Religion: Hindu

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7 Answers

As of today, the only legally enforceable Eco-Sensitive Zone around Bannerghatta National Park is the 2020 final notification, which restricts the ESZ to 100 metres to 1 kilometre from the park boundary. The 2016 draft notification, which proposed an ESZ extending up to 4.5 km, has no binding legal effect. A draft notification is merely a proposal; it does not impose restrictions unless and until the Central Government issues a final notification under the Environment (Protection) Act.

 

Since you purchased the plot about two years ago, when the 2020 notification was in force, your purchase is lawful, and your title is not defective merely because the land appeared in a draft ESZ proposal.

 

Even if, in the future, the government issues a fresh notification expanding the ESZ to 2 km or more, the impact is not automatic cancellation, demolition, or illegality of existing plots.

 

Courts and environmental authorities consistently follow these principles:

 

Existing developments are normally protected. Lawful purchases, approved layouts, and constructions made before a final ESZ notification are generally safeguarded. Restrictions are applied prospectively, not retrospectively.

 

Being inside an ESZ does not mean a total ban. ESZs are regulatory zones, not prohibited zones. Activities are categorised as prohibited, regulated, or permitted. Residential use in approved layouts is usually treated as regulated, not banned outright.

 

If your plot falls inside an expanded ESZ in the future, construction may require additional permissions, such as environmental clearance or NOCs, and may be subject to conditions relating to height, FAR, groundwater use, tree cutting, or waste management. This affects the process, not the ownership.

 

A valid sale or approved layout does not become illegal merely because ESZ boundaries are revised later. Courts have repeatedly held that bona fide purchasers cannot be penalised for subsequent policy changes.

 

What could realistically change in the future is that new large-scale developments may be restricted, approvals may take longer, and regulatory scrutiny may increase. However, existing residential plots and houses are rarely disturbed, unless the land falls inside the core forest boundary or there is proven illegality or fraud.

 

Regarding the news report you cited, recommendations to “restore” the 2016 ESZ do not operate automatically. They require a fresh statutory process, including notification, objections, and final approval. Until such a notification is issued, there is no change in law.

 

From a practical standpoint, you should preserve all documents relating to your purchase date, layout approval, and local authority permissions. If you plan to construct, it is advisable to apply for approvals under the current legal framework without unnecessary delay. Avoid unapproved or high-impact construction and monitor developments regarding any future ESZ notification.

 

In summary, your purchase is valid under current law. A future expansion of the ESZ will not automatically invalidate your plot or house. At most, it may impose additional regulatory conditions for future construction. Courts have consistently protected bona fide purchasers who acted in accordance with the law as it stood at the time of purchase.

Yuganshu Sharma
Advocate, Delhi
1122 Answers
4 Consultations

the 2016 Eco-Sensitive Zone (ESZ) rules for

Bannerghatta National Park are implemented, your plot at 2 km from the boundary would likely fall within the regulated area, meaning construction of a personal house is generally permitted for local residents, but subject to specific regulations and a Zonal Master Plan. 

 

2) Ongoing agricultural/horticultural practices, rainwater harvesting, organic farming, and the use of green technology are explicitly permitted.The ESZ guidelines generally permit local people to construct houses for their own residential needs, provided they adhere to local building bye-laws. The Supreme Court has also clarified that construction of houses for forest dwellers and basic civic amenities (like schools and dispensaries) within ESZs is allowed.

Ajay Sethi
Advocate, Mumbai
100004 Answers
8163 Consultations

You have purchased the plot in the year 2020, as on the date of your purchase as well as today there's no enforceability of the 2016 year draft proposal.

Therefore title to the plot remains valid irrespective of any ESZ change.

Even if ESZ is expanded later, your ownership will not be cancelled or voided.

ESZ is not a development zone. No acquisition merely because land falls in ESZ because your sale deed remains valid.

New construction in the existing approved layout may not be affected though it may require clearance from District ESZ Monitoring Committee.

Construction completed with valid approvals before the new ESZ notification is protected.

ESZ rules are generally prospective, not retrospective.

You may check layout approvals (BDA / BBMP / Panchayat)

Obtain building plan sanction, commence construction lawfully.

Once constructed you have legally strong protection.

Normal residential use is likely to remain permitted.

T Kalaiselvan
Advocate, Vellore
90202 Answers
2506 Consultations

Then it’s will have all the restrictions of esz

Prashant Nayak
Advocate, Mumbai
34680 Answers
249 Consultations

Dear Sir,

Does a residential plot come within an ESZ?

Yes.
An Eco-Sensitive Zone (ESZ) is a geographical regulatory buffer, not a land-use classification.
So:

  • Agricultural land 

  • Residential plot 

  • Approved housing layout 

  • Existing houses 

All can fall within ESZ limits, depending purely on distance from the park boundary.

 

This answer is given based upon my experience as a judicial officer and advocate. It is my preliminary reply and not final as I have not seen the relevant documents as such I am not personally responsible.

Kishan Dutt Kalaskar
Advocate, Bangalore
6248 Answers
501 Consultations

 

  • A residential plot can fall inside an ESZ — ESZ is a mapped geographic boundary, not an “activity type” boundary. If your plot lies inside the notified ESZ limits, it is “within ESZ.”

  • Today (as per the 2020 final notification): Bannerghatta ESZ is only 100 m to 1.0 km from the park boundary (varies by side). So a plot ~2 km away is generally outside the current ESZ (verify by the Annexure map/coordinates, not just distance).

  • If the larger 2016 draft extent gets restored in future (CEC has suggested restoring the original draft extent and re-notifying), and your plot falls inside the re-notified ESZ, then: your ownership doesn’t automatically become illegal, but future construction/land-use becomes more regulated and approvals may get stricter/slower.

  • Practical impact for a house: ESZ notifications typically restrict “commercial” development more tightly (e.g., “no new commercial construction” within 1 km / ESZ as specified) and make other construction subject to the ESZ/Zonal Master Plan + scrutiny.

  • What you should do before building: get a written ESZ status/NOC clarification (Forest Dept / competent authority) based on survey coordinates + ensure your plan approvals and compliance (sewage/solid waste/no prohibited activity) are clean.

 

Shubham Goyal
Advocate, Delhi
2219 Answers
17 Consultations

Dear client, 

Even if the ESZ 2016 is restored, it will not invalidate the purchase of the land that you have done since you have complied with law that was actually in force at the time of the purchase that is the ESZ 2020 notification and the restoration of the earlier 2016 notification cannot have a retrospective effect on the land purchase that was done by you legally. At this point, there is no case for eviction or forceful action that would be taken against you.                         

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you

Anik Miu
Advocate, Bangalore
11072 Answers
125 Consultations

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