• PLOT Buying near tank bed

I am planning to buy PLOT near tank bed, Plot/layout details as follows

1. DC Converted ---> BIAAPA Approved ----> Rera Approved as well.
2. Land documents exists from 1969 on wards.
3. Legal documents like EC, Mutation , Partition deed and Legal hierarchy looks ok.

Land is located, 
First Tank/lake ---> SY No 104 its around 20 guntas its in square shape, also mentioned as Tank bed in docs (South of Plot) ----> SY 94/1 + 94/2
my plot, land around 1 Acre + 2 Acres which is in rectangular shape.

My concern is whether its in Lake buffer zone? can BIAAPA approve even if its in Buffer zone?
Asked 3 years ago in Property Law
Religion: Hindu

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6 Answers

In Bangalore , the extent of lake buffer zone is 30 metres around the water body. Before you buy a property situated near a water body, ensure that it does not come under the buffer zone!

Secondly, make sure the property you are planning to buy is not within 25 metres around the Rajakaluve or a stormwater drain. Rajakaluves are pathways that are responsible for transferring excess water into a water body, especially during excessive rains or floods.  Any clogging of the stormwater drains leads to serious problems in the city's drainage system. Construction activity of any kind within the 25 metre range of Rajakaluve is strictly prohibited. 

Ajay Sethi
Advocate, Mumbai
97771 Answers
7921 Consultations

Any land approved by BIAAPA is within any lake zone or green zone. You can purchase the land it is safe. if you have any doubt you can ascertain by checking in https://www.rajakaluve.org/

Ravi Shinde
Advocate, Hyderabad
4547 Answers
42 Consultations

- Supreme Court has directed all the builders in the buffer zones of Bengaluru’s famed lakes and wetlands to push back their projects 75 metres from the edge of these water bodies and refused to halt demolitions initiated by the local authority to open up drains discharging excess water from lakes to prevent a repeat of the recent deluge.
- Hence, before purchasing you have to sure that the said plot not come under the same.

- Further, if the said property is touching rajakaluve , then the Biappa cannot approve 

Mohammed Shahzad
Advocate, Delhi
14873 Answers
225 Consultations

National Green Tribunal (NGT) mandated 75 m buffer zone for lakes

Buffer zones are wetlands or green belts around lakes that are essential for the survival of lakes and that also act as a buffer between the lake and neighboring lands. According to law, no permanent structure can be constructed within 75 m of the lake periphery. In the same 2016 order, the NGT had fixed a buffer zone of 50 metres, 35 metres and 25 metres for primary, secondary and tertiary storm water drains respectively.

Under this circumstances, you ma have to decide that whether it would be safe to buy the property falling within the said limit of the lake buffer zone.

The approval given by various authorities are within their yardstick for granting approval, the aspect of lake buffer zone is not within their purview hence do not be deceived by noticing the approvals granted by various authorities, you have to consider various aspects involving in purchase of the property, hence better obtain a proper legal opinion from an experienced lawyer before venturing into the purchase of this property. 

T Kalaiselvan
Advocate, Vellore
87973 Answers
2369 Consultations

Dear Client,

BIAAPA can approve the plot even if its in the buffer zone. Before buying the plot please check that plot you are interested in should be approved by the BDA. If it has been approved by the Gram Panchayat, but not by the BDA, better not to purchase it. If the land is originally an agricultural land, which has been taken up for residential usage, a conversion certificate must have been obtained for it from the apt authority (BDA or BMRDA as per the zone under which the land falls).

Thank you

Anik Miu
Advocate, Bangalore
10479 Answers
121 Consultations

 No it will not be approved

Prashant Nayak
Advocate, Mumbai
33062 Answers
215 Consultations

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