NGT Order Dilema

[amit_pearl2]

Friends,

With the NGT order of buffer zone of 75 meters from lake against 30 meters in the past, has put many individual plot owners into big trouble.
They would have purchased plot after verification and confirming that the site they are buying is as per the Govt rules.

All of sudden value of your site is down to Zero. Who would compesate all owners who end up loosing plot..

What if 90% housesin layout are already constructed and remaining 10% are impacted by this NGT Rule. stoppig 10% people to build thier house would be unfair for them.

Has anyone approached BBMP or court for not getting approval to build house?

[ardesarchitects]

Hi Amit,
As per my limited understanding about law, any new rules in bye laws are effective from the day of law implementation.
Any layouts or plans that got pollution board/ environmental dept ( delhi ) approval before the new law will not be touched. Given that 90% of the builders or developers sell with out getting any approvals, its the end user who will suffer.

The only solution for these problems is to educate buyers about the law & approvals . All the time we only take up temporary solutions and never dare to attend the root cause of these issues.

The very reason for this forum birth are the above reasons , people who got effected by above issues should participate more and share the knowledge with others.

Regards
Ar.Praveen .N
Ardes Architects and Interior Designers
http://www.ardesarchitects.com
ardesarchitects@gmail.com
http://www.facebook.com/ardes.architects

[amit_pearl2]

Praveen,

I wish your words were true.... When i brought the site, i had enquired with Lake Development Authority, BBMP , Lawyer. Only when i was told that it is not in buffer zone, i had brought the site. The layout is approved as per the laws then, however with NGT rule, No approval is given even if the layout was formed based on the law that was applicable before Buffer Zone change was made.

http://www.newindianexpress.com/states/ ... 95167.html


How do i verify if my site is with in 75 meters? I am worred since all my hard earned money has lost its value.


Regards
Amit

[kalidas]

As per my understanding, you will not get permission to construct, if it is withing 75 meters (the new buffer zone limit(. For eg: near Yediyur lake, my neighbour who owns a plot since almost 30+ years, did not get permission to construct last year since it falls under the new buffer zone. The law is retrospective in this case ( but yes, i dont think they would go a demolish buildings that were already existing). This issue is also contested in the supreme court.

[kalidas]

REgarding the distance to your plot, visit the survey office and get the boundary of the lake and then check or use wikimapia/ google maps.

https://www.zippserv.com/rajakaluve-and ... rPYb4.dpbs. This tool gives the acutal boundary of the lake superimposed on google maps

[amit_pearl2]

REgarding the distance to your plot, visit the survey office and get the boundary of the lake and then check or use wikimapia/ google maps.

https://www.zippserv.com/rajakaluve-and ... rPYb4.dpbs. This tool gives the acutal boundary of the lake superimposed on google maps

Thanks for your inputs Kalidas. My case may be similar to your neighbour. I have visited the Zippserv, i am not sure how accurately the revenue maps are loaded. As per the map, my site is around 277 meters from the boundary, please find the word document attached. To what extent these maps are acurate?

As per the map, the double road next to lake is within the Lake Boundary....

There are ample houses that have come up in layout. My site is sorrounded by houses. How will it make sense by not allowing construction of house when already there are so many houses which are near to the lake, built before NGT changed it rules.

I am in dilema on who should i contact and how should i proceed.

[kalidas]

Some points Amit -

1) The accuracy of the boundary might be a few meters here and there i guess. There are ample cases of public roads being encroached on lake bed, so you cannot say that just because the boundary has the road within, the boundary is incorrect. For eg: in hulimavu lake case, Amoda Apas has been asked to stop construction as it is the buffer zone. Further, in Yediyur lake case, the public road and the BBMP building that comes after the road are also within the lake bed itself. It is just like the government has been careless and allowed hapazard constructions of roads and their offices too in the lake bed area.

2) I am pretty sure that 270 is a very safe distance- so you should have nothing to worry. Dont be concerned about other houses etc. For eg: the plot to my left does not have sanction, but the ploto the right got sanction. Also, keep in the mind that NGT rule applies not only to the lakes but also to primary, secondary and tertiary drains/canals (rajakaluve)

3) For a true peace of mind, check with a competent lawyer. Alternatively, apply for a building plan at BBMP and you can know what is the result.

[amit_pearl2]

Some points Amit -

1) The accuracy of the boundary might be a few meters here and there i guess. There are ample cases of public roads being encroached on lake bed, so you cannot say that just because the boundary has the road within, the boundary is incorrect. For eg: in hulimavu lake case, Amoda Apas has been asked to stop construction as it is the buffer zone. Further, in Yediyur lake case, the public road and the BBMP building that comes after the road are also within the lake bed itself. It is just like the government has been careless and allowed hapazard constructions of roads and their offices too in the lake bed area.

2) I am pretty sure that 270 is a very safe distance- so you should have nothing to worry. Dont be concerned about other houses etc. For eg: the plot to my left does not have sanction, but the ploto the right got sanction. Also, keep in the mind that NGT rule applies not only to the lakes but also to primary, secondary and tertiary drains/canals (rajakaluve)

3) For a true peace of mind, check with a competent lawyer. Alternatively, apply for a building plan at BBMP and you can know what is the result.

Thanks Kalidas for all your inputs.


Thanks Kalidas,

I agree to your point #3. i may have to apply to building plan to know the results. I am not sure if there is any other way. Since plan approval is lengty process and also you end up playing good amount of bribe.

While i was explore more on google map, i saw there is another small water body behind my site. I am not sure what is the name of this lake but this is adjacent to Valmark City Ville project. I dont know how big is this lake. I have never seen it personally or know the name of this lake.

[shaileshblr]

I too am facing same issue. I have a BDA auction purchased site. The schedule of property mentions SWD on one side. This site was purchased even before NGT was setup. Now BBMP isnt sanctioning plan citing NGT order. What am I supposed to do for this?
Whom can I approach to resolve this? Is it advisable to put a temporary Zinc Sheet shed on the plot until NGT orders clarity comes on this retrospective or prospective effect?

[amit_pearl2]

Shilesh,

How far is the the SWD ??? Did BBMP Engineer Vist your site? I still cannot understand, how over night sites which were approved as per by-laws become illegal, just because they extended the buffer zone. How would the government restore lake by not allowing to construct house on site which is already sorrounded by houses? Fence the boundaries of the lake so there would be no echroachment.

BBMP though is not approving plans, however it is also not coming up with proposal to compensate these site owners.
With all the action that has happened in the past, i dont think they would re-visit the order passed.

What would happen, if you construct house without plan approval? I guess there are huge number of house in bangalore without plan approval.
It may not be possible for people like me who need loan to build.