BBMP-NGT- NO MORE BUFFER ZONE VIOLATION – 400 PROJECTS AT LIMBO – PRE LAUNCH- GOVINDA !!!!!!!!! GOVINDAAAAA!!!!!!


The Bruhat Bengaluru Mahanagara Palike (BBMP) and Karnataka Urban Development Department (UDD) tendered an unconditional apology to the principal bench of the National Green Tribunal on Wednesday, and undertook to withdraw with immediate effect, a circular laying out exemptions from the buffer zone ruling of the tribunal.A UDD letter to the BBMP, dated February 16, 2017, interpreting the NGT ruling too has been withdrawn. Citing the UDD communication, the BBMP had issued the circular, dated March 30, 2017, exempting projects which had already received plan approvals from the buffer zone ruling.

The department and BBMP submitted affidavits and were represented by additional chief secretary Mahendra Jain and joint commissioner Sarfaraz Khan, respectively.

Castigating the BBMP for tweaking its order on the buffer zone around lakes, the NGT had on Tuesday directed that any such attempts in future would be subjected to contempt proceedings. The tribunal also deterred the officials from interfering with the NGT judgment in future, and from using impertinent language with regard to it.

On March 30, 2017, nearly a year after NGT ordered increasing the no-build buffer zone around lakes in Bengaluru from 30metres to 75metres, BBMP issued a fresh circular reinterpreting the order. The circular had stated that the new buffer zone of 75metres for lakes and wetlands won’t apply for building constructions in layouts which have sanction from the planning authority, before the order was issued on May 4, 2016.

The green bench also noted that the intention behind the BBMP circular and legal opinion approved in the UDD letter dated February 16, was clearly to frustrate the NGT judgment. It observed that the language used in the letter and comments given on the judgment dated May 4, 2016, are unacceptable.

“The opinions expressed in the BBMP circular and UDD letter are completely contrary to the tribunal’s judgment. We wish the government on its own should take some action to show they have some respect for law,“ the green bench noted.

The tribunal told the UDD that it should know the law and that NGT is not a quasijudicial body. The NGT has been described as a civil court in the NGT Act, it pointed out.

The circular issue was brought to the notice of the principal bench in New Delhi on Tuesday, by intervener Namma Bengaluru Foundation, when it was hearing the Bellandur Lake case. The bench took exception to the circular and UDD letter, and ordered all officials connected to them to appear before it on Wednesday .

 

PRE LAUNCH- FREE BALAJI DARSHAN
 The National Green Tribunal’s Wednesday directive instructing BBMP to withdraw its circular dated March 30, 2017, that reinterpreted an earlier directive by NGT on the lake buffer zone, has left the construction industry and developers in confusion again.Many of them fear that projects in the vicinity of lakes could get stuck.

A senior member of the Confederation of Real Estate Developers’ Associations of India (Credai), Karnataka chapter, said as many as 500 small and big construction projects in different parts of the city were stuck due to confusion over buffer zone norms around lakes and storm water drains.

“There were about 200 projects which got plan sanctions when the NGT issued fresh buffer zone norms in May 2016.And there are about 300 applications that have come before BBMP and BDA after the NGT directive,“ he added.

In its March 2017 circular, BBMP had exempted projects whose plans had been sanctioned before the NGT order, from its buffer zone ruling.Many builders in the city had heaved a sigh of relief as the circular brought clarity on buffer zone norms.

“We are yet to get a copy of the Wednesday order by NGT.I do agree that we need to protect the environment but the lack of clarity on buffer zone laws has left the construction industry in confusion. If somebody has violated norms, let the agencies initiate action. At least 200 big projects (construction on 5 acres to 10 acres) are stuck due to this,“ said Suresh Hari, secretary, Credai-Bengaluru.

Questioning the practicality of the extended buffer zone norms, the Karnataka government had also joined builders’ groups ( For Mutual Benefit) to challenge the NGT order before the Supreme Court recently .

The government impleaded that various constructions and layouts spread over a total area of more than 1,000 acres are stuck due to confusion over the buffer zone.

It includes 40 applications pending approval of layouts covering 789 acres, 21 plans sanctioned by BDA and awaiting occupancy certificate covering 95 acres, and 19 plans awaiting completion certificate and spread over 49 acres.

Mahendra Jain, additional chief secretary , urban development department, said, “We have to follow the NGT directive and withdraw the March 30, 2017 circular.“

NATIONAL GREEN TRIBUNAL IS furious at BBMP buffer zone exemptions Circular by the Commissioner, stating that the NGT order does not have retrospective effect


BBMP Commissioner has issued internal circular to the Town Planning Authorities that the NGT order on the Buffer Zone will be PROSPECTIVE.  Those who have already obtained or sanctioned the building plan and other plans need not comply with the buffer zone regulation.  This act has angered the NGT.  NGT has directed the BBMP to immediately appear before it and explain this ACT by BBMP today.  Otherwise, contempt proceedings will be initiated and the concerned officials will be PUNISHED.
It is further learnt from reliable sources, that the BBMP Commissioner was advised by the LEGAL EXPERTS that the NGT order is not retrospective.  Based on their extensive and in depth knowledge, expertise and advise, the Commissioner, seems to have issued the Circular.
Taking exception to a Bruhat Bengaluru Mahanagara Palike (BBMP) circular exempting projects, whose plans had been sanctioned before the order, from its buffer zone ruling, the National Green Tribunal (NGT) on Tuesday ordered all civic officials who had approved and issued the circular to be present before it on Wednesday.

The principal bench in Delhi is hearing the Bellandur Lake case when intervener Namma Bengaluru Foundation submitted the BBMP circular dated March 30, 2017, highlighting the civic body’s apathy to the city’s lakes.

The foundation counsel accused the authorities of malfeasance in circumventing the tribunal’s directives. He also read out extracts of the urban development department letter, referred to by the circular, which stated that the NGT does not have powers to frame law.

Furious at the language of the circular, the green bench asked the Karnataka

government counsel: “By what authority have you clarified our judgment?“ The bench threatened to initiate contempt proceedings against guilty officials. The Karnataka counsel conceded that the language used was `unfortunate’.

The bench also summoned the state pollution control board, lake conservation and development authority and BWSSB officials to appear before it at Wednesday’s hearing. It directed the state to make special arrangements for their travel, if required, to get them to the court in time. The tribunal also expressed serious concern at the apathy of officials present in the courtroom regarding the quanity of sewage being treated or dumped in Bengaluru’s waterbodies.

Mahendra Jain, additional chief secretary, urban development department, who was present in court, submitted that 480 million litres per day (MLDs) of untreated sewage flows towards Bellandur lake, of which about 250 MLDs gets treated. He also said Sewage Treatment Plants of 150 MLD are being built near the lake.

When these figures contradicted figures in affidavits filed by different authorities, the officer sought time to reconcile his notes.

At a hearing last week, the tribunal had directed the state government to stop flow of untreated sewage into the lake immediately. The government was warned that an environment compensation charge would be imposed if it failed to comply with the direction. Jain appeared before the NGT on behalf of the chief secretary who had been summoned.

UNIQUE GIS BASED PROPERTY IDENTIFICATION CARDS FROM BBMP


BBMP has come up with a foolproof property records through GIS with the assistance of ISRO, satellite mapping.

New Unique Property Cards will be issued to all the 19 lakh property owners within 2018.

Questions and Queries related to Akrama Sakrama


1). What is FAR?

2). What is Setback?

3). What is height restriction?

4). What is Zonal Regulation?

5). What are the eligibility conditions of the property to apply for the regularisation?

6). How much is the scrutiny fee?

7). How much is the regularisation fee?

8). When the scrutiny fee and the regularisation fee has to be paid?

9). Who can apply for the regularisation?

10). What are the documents that are required to be submitted for the regularisation?

11). What type of properties are eligible for regularisation?

12). Will there be a check on the documents submitted?

13). Where shall I submit the application?

14). Where can I get the application?

15). Can I submit the application online?

16). What will happen, if the violation and deviation is not regularised?

17). How to reduce the deviation or violation to bring to the parameters set by the Government?

18). Who has to pay the regularisation fee? ( in case of apartments-unauthorised floor)

All the queries and questions will be answered soon through a booklet and will be widely published by the Government/BBMP soon.

For.Further Details contact the BBMP after the notification is issued.

 

AKRAMA – SAKRAMA – UPDATE – A NEW YEAR GIFT FROM THE GOVERNMENT FOR THE REGULARISATION OF VIOLATION AND DEVIATION


AKRAMA – SAKRAMA – UPDATE – A NEW YEAR GIFT FROM THE GOVERNMENT FOR THE REGULARISATION OF VIOLATION AND DEVIATION

The Government of Karnataka will notify the AKRAMA-SAKRAMA Scheme, may be from 02-01-2017 and the applications can be submitted till April, 2017.

In a bid to thwart any attempt to bring in a STAY ORDER, the Government has submitted a CAVEAT in the Supreme Court of India.

The Scheme will be enforced subject to the Supreme Court directives.

It is estimated that there are over 10,00,000 properties which have deviated from the sanctioned building plan and over few lakh sites which are in the revenue belt and DC Converted in unauthorised layouts.

B katha sites, if, eligible can regularise and the buildings with a deviation and violation of 50% in case of residential buildings and 25% in case of commercial buildings can be regularised under this scheme.

The state government on Saturday decided to invite applications from property owners for regularisation of illegal properties within the limits of the Bruhat Bangalore Mahangara Palike (BBMP).

A high-level meeting of BBMP, BDA and Urban Development department chaired by CM Siddaramaiah resolved to give four months time to the public to submit their applications for regularisation.

The state government, after resolving a few technical issues within the scheme, has finally decided to issue an official notification inviting applications from the public. Addressing media persons, Bengaluru Development Minister KJ George said, “The government has set a deadline of four months to submit applications by the public. Those properties built before 19 October 2013 are eligible for regularisation.” Elaborating further, George said, “There will not be any change in the fee structure which is based on the guidance value of the property.

All residential properties with 50 per cent deviation and commercial properties with 25 per cent deviation will be eligible to apply under the scheme.

Public can submit their applications online as well as manually at BBMP offices. Any property, which has deviation and had failed to apply under the scheme, will be mapped and mercilessly demolished after the end of the deadline.”