• Regarding buffer zone limit

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Can I construct on my BDA site (3nd owner)
What is the latest supreme court judgment inside the 30-75m buffer zone (NGT rule in 2016)
Hi
We bought a site from a BDA allottee in mallathahalli, 9the block Further Extension BDA Layout (Bangalore) 
back in 2013 (all white money). 
This site is very close to the mallathahalli Lake although we are not sure if it is within 75 meters. 
Some real estate salesmen say that it is now within 75 meters, 

My questions regarding this situation are:
a) As this is a BDA site previously allocated to an owner, will I ever be able to construct anything on our site?
b) Would BBMP reject any plan we submit know this is a BDA layout 
c) What are the steps we can take now to avoid this issue in the future? (we do not plan of building anything soon but if required we can expedite
D) what is the superim court order in lake buffer zone limit and what is lates government order in this regarded
F) what is the area for lake buffer zone fixed bye NGT for previous 2015 BDA allotted site 

Thank u sir i need good legal advise
Asked 4 years ago in Property Law
Religion: Hindu

11 answers received in 1 day.

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14 Answers

1. You can construct. Depending on your layout

2. You need to first submit the same. It will not reject outright

3.As per the SC order a buffer if green Zone of 30 mtrs has to be maintained now. 

Prashant Nayak
Advocate, Mumbai
32301 Answers
193 Consultations

4.1 on 5.0

I gave given the buffer meter in my answer it's 30 mtrs buffer 

Prashant Nayak
Advocate, Mumbai
32301 Answers
193 Consultations

4.1 on 5.0

The Supreme Court  quashed the National Green Tribunal’s (NGT) order preventing construction within the 75-metre buffer zone around lakes in the city. In a big relief to property owners, a buffer or green zone of 30 metres — as prescribed in the city’s master plan — has to be maintained around the lakes.

 

2) you would be allowed to carry on construction on the site 

 

 

Ajay Sethi
Advocate, Mumbai
96271 Answers
7755 Consultations

5.0 on 5.0

You should be allowed to carry on construction on the site 

Ajay Sethi
Advocate, Mumbai
96271 Answers
7755 Consultations

5.0 on 5.0

SC judgment is in your favour 

Ajay Sethi
Advocate, Mumbai
96271 Answers
7755 Consultations

5.0 on 5.0

See you can apply for permission and can construct the after the plan approvals.  The current buffer zone after the order of the court is 30 meter.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See the buffer zone of 30 meter is maintained after order of the court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

NGT order regarding buffer zone is set aside by SC.

Buffer zone limit will apply as per municipal office notification.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22924 Answers
31 Consultations

4.4 on 5.0

Construction is permitted as per municipal office limit.  

Yogendra Singh Rajawat
Advocate, Jaipur
22924 Answers
31 Consultations

4.4 on 5.0

1. Typically the buffer zone from ANY water body is 500 meters. However some exemptions are permitted for Govt. projects, for which only the town planning dept., or the Revenue Survey Dept., can provide the relevant rules /directives.

2. Apply for TSLR with the Survey dept., of the Town Planning office and request them to provide the guildlines and demarcation lines of the buffer zone.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Yes you will be able to construct your house if land bought is out of buffer zone of 75m.

2. No BBMP will not reject the plan for BDA layout. 

3. Supreme court judgement on buffer zone is 75 m from lakes.

4. Sir I would suggest that you should not go ahead with purchase if you are confused regarding that site. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The Supreme Court on Tuesday quashed the National Green Tribunal’s (NGT) order preventing construction within the 75-metre buffer zone around lakes in the city. In a big relief to property owners, a buffer or green zone of 30 metres — as prescribed in the city’s master plan — has to be maintained around the lakes.

The three-member bench of Justices AK Sikri, S Abdul Nazeer and MR Shah gave the judgement in response to appeals filed by the Karnataka government and a group of realtors questioning the GT orders. ..

a) Since the buffer zone problem is cleared you may obtain approval from the authorities concerned to construct the building .

b)  You may have to first apply for that and wait for their reply, if they reject you may see the reason for rejection and accordingly you may rectify the issues.

c) You can decide based on the prevailing circumstances.

d) See the above lines for the order.

f) 75 meters. 

T Kalaiselvan
Advocate, Vellore
86471 Answers
2300 Consultations

5.0 on 5.0

Did you not obtain legal opinion about this property before buying it?

It is not advisable to buy an immovable property without obtaining legal opinion especially for the properties which are lying in the dispute zones like this.

T Kalaiselvan
Advocate, Vellore
86471 Answers
2300 Consultations

5.0 on 5.0

You can apply for approval of construction from the authority concerned provided your property is not situated within 30  meters from the lake zone or buffer zone.

T Kalaiselvan
Advocate, Vellore
86471 Answers
2300 Consultations

5.0 on 5.0

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