I am planning to buy a flat in Brigade Lakefront Blue tower. After the supreme court order, the builder has received the OC for the Blue tower as well (Earlier, BBMP held the OC for the Blue tower and issued OC only to Crimson and Amber tower). My question is, since the flat is in <75 meters (> 30 meters) and now it has all necessary approvals, including CC and OC, can in future NGT demolish the flats that are in <75 meters distance (considering the order passed was by the Apex court). Is it safe to buy a flat which is <75 meters distance and have received all necessary approvals?
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In the case of Lakes, 75m from the periphery of water body to be maintained as
green belt and buffer zone for all the existing water bodies i.e. lakes/wetlands.
The above is the latest judgment by supreme court.
As of now this is the position.
It cannot be predicted what will happen in future.
If you want to risk it you can proceed or consult an advocate and proceed if recommended.
It is safe to buy the flat which has all the necessary approvals
NGT cannot go against SC order
OC itself doesn't not prescribe that the building is legal especially if it is within green zone.
Therefore first check whether t has compiled with all norms of environmental laws and then proceed to buy.
NGT has power to nullify all approvals granted by municipal authority, town planning authority or any statutory body. If any environmental laws are violated in construction of building, NGT can and will order demolition of the structure.
- Since, the builder has received the OC as per direction of the Supreme Court , then it is clear that the said order was passed after keeping all the scenario.
- Hence , NGT cannot go beyond the Supreme Court direction.
Dear Sir/Ma'am
When buying a flat the most important requirement for the owner is to ensure that the builder has both OC and CC certificate, until unless he can give it, the buyer should not buy/invest in the property. As in your case both the approvals have been given by the Supreme Court it is safe to say that you can invest in the property without any worry. Thought NGT can file a case against buyer the same is appealable in Supreme Court. The chances of Superme Court to overturn its own prior order and pass an order of eviction and demolition is slight to none.
Thank you
