Now, it is mandatory for all the planning authorities and municipal corporations to comply with the directives of the NGT regarding the buffer zone. The State Government and the Town Planning department does not have any power to modify or change the buffer zone size or extent.
Have you booked apartment in and around the lakes at Bangalore, which are yet to get the OCCUPANCY CERTIFICATE?
AN EXAMPLE OF AN APARTMENT COMPLEX NEAR HALLA/RAJA KALUVE/STREAM/WATER FLOW GRADIENT/WITHIN 75 METERS FROM THE WATER BODY-OPPOSED TO NGT GUIDELINE- NOT SPECIFIC TO ANY BUILDING OR BUILDER-A SPECIMEN PHOTO ONLY
The KSPCB and the State Administration has taken a serious view and has directed as much as 500 industries (Major) and some 400 (minor) industries to be closed or shut down or stop their operation with immediate effect.
Simultaneously, the apartment complexes will be inspected for the treatment of sewage and will be directed to reuse the same without discharging it in the kaluve or communal sewer.
There are some huge apartment complexes coming up close to lakes on sarjapur road, yet to be completed, (Free Lunch) apartments, may not be worth residing at all.
While, the AKRAMA-SAKRAMA is still in the Supreme Court, and the akrama buildings and sites, which have illegally come up might have to be DEMOLISHED and must comply with the NGT orders.
The Chief Minister has directed the district administration and the BBMP to clear the encroachment of Raja Kaluve, Secondary Channels and the lake bed buffer zone encroachments in Bangalore south and also in other zones without any mercy. The illlegal and DC Converted layouts and Revenue lay outs will be affected.
It is to be noted that many notorious builders have downsized the raja kaluve and have put up structures and are using it as park and for parking. The matter has also been looked into and all such constructions and structures must be removed and criminal action must be initiated against such builders.
The NGT order on the Buffer Zone will have a serious impact on the projects which had been completed and which are under construction, but now now.
The buyers must conduct due diligence, while buying properties which are close to lakes or which are within the periphery of the Raja Kaluve and Lakes as during the course of reconstruction ( as most of these structures cannot stand for more than 30 to 50 years) the UDS and the SBA goes down substantially and the occupiers of such flats will be severely affected.
Some builders, resellers, agents, marketing firms and brokers are marketing/selling such projects or properties stating that the properties/projects are approved by BANKS and they have registered many such properties.
Bank loan does not CONFER ANY RIGHT, TITLE AND INTEREST AND REGISTRATION OF SUCH PROPERTIES IN CONTRAVENTION TO THE ORDERS OF THE COURTS AND THE PREVAILING LAWS ARE NOT VALID.
Banks, hand in glove ( What else ?) approve the projects, if the buyer or the owner is dispossessed of his property due to defective title or discrepancy or violation or deviation, the BANKS will not waive the loan. The Banks recover their monies from the borrower at any cost, either from the borrower or from the co-applicant or from the guarantor or by attaching the salaries of all the concerned or by attaching the bank accounts and other properties of the borrower, co – application and the guarantor.
With the implementation of the National Green Tribunal’s landmark judgement against the Mantri Techzone Private Limited and Coremind Software and Services Private Limited to follow the 75-metre buffer zone for lakes and wetlands, the government has cracked the whip on builders.
The government has DIRECTED the two civic agencies – Bruhat Bengaluru Mahangara Palike and Bangalore Development Authority – to implement the orders with immediate effect.
The NGT orders will affect the ongoing projects which are not completed, though it is approved, projects within 75 metres of waterbodies from the border or the edge or the periphery of the boundary wall.
Though the government does not have any specific numbers of such projects that come in the 75-metre buffer zone, it has asked engineers from both the departments to conduct a fresh survey and mark boundaries of the buffer zone.
BDA, BBMP and the district administration to mark boundaries of all storm water drains (SWD), lakes and rajakaluves and have directions not to issue plans or change of land-use or any kind of developmental activity in buffer zone.
The BWSSB has already garnered itself and will be issuing notices to the apartment complexes which have more than 20 apartment to install the SEWAGE TREATMENT PLANTS and discharge the treated (properly treated) sewage to the communal drains.
According to NGT orders, buffer zones of rajakaluves, drains and wetlands must be calculated from the edge of the drain, as opposed to the current norm of measuring from the centre of the drain.
The orders will hence, disallow any further construction at least 75 metres from a lake and 50 metres around a primary SWD from the boundary wall or the border or the edge of the Lake or Raja kaluve.
Earlier, officials were following a 30-metre buffer zone order, calculated from the centre of the drain.
In the case of lakes 75 meters ( 246 feet )from the periphery of the waterbody will be maintained as a green belt or buffer zone
» 50 meters (164 feet) from the edge of a primary rajakaluve
» 35 meters(115feet)from the edge of a secondary rajakaluve
» 25 meters (82 feet) from the edge of tertiary rajakaluve
NO COMMENCEMENT CERTIFICATE FOR THE BUILDING VIOLATING THE ABOVE DIRECTIONS.
NO OCCUPANCY CERTIFICATE FOR THE BUILDINGS VIOLATING THE ABOVE DIRECTIONS.
The impact of National Green Tribunal`s ORDER, regarding the Raja Kaluve, Secondary drains and Lakes under the AKRAMA – SAKRAMA might be SEVERE TO VERY SEVERE.
The Government cannot regularise any such structure, layout, area or zone within the periphery of Raja kaluve, Secondary Drains and Lakes, under Akrama – Sakrama.
The owners or the property buyers, who had already bought the vacant plots or sites may retain, but cannot construct or build or do anything in that property and the apartments constructed on Raja Kaluve and lakes, might not find the buyers for resellers and investors and the BANKS might not lend or finance any structure or apartment or projects in the restricted zones, where the construction is already complete.
If there is a proposal to buy a
A Katha property, check thoroughly, how the katha is obtained, before paying the token advance.
Ignorance is Bliss: For un approved, illegal, unauthorised, green belt, DC Converted sites owners and fake katha property owners across the state, are a happy lot, as long as they are Ignorant about the prevailing laws.
There are innumerable layouts formed in Green Belt, Agricultural Zone, amidst Raja Kaluve, Encroaching the lake and on Gomala Land in Bangalore rural and urban districts. The State Government has demarcated the Bannergatta National Park`s Eco Sensitive zones and over 30 villages and the layouts are affected by the order.
It is presumed that there are over 1,00,000 revenue sites, DC Converted sites (both legal and illegal) which are abetting the lakes, raja kaluves, kalu daari and bandi daari.
Even, the BMRDA approved layouts in and around Anekal Taluk, where a large number of lakes are encroached and the sites near the border or the boundary of the lakes are affected by the NGT Order. One such case is in Rajapura Village.
The incomplete projects by DLF, Hiranandani and others in Hulimavu on Begur Road, which has a large chunk of Raja Kaluve and secondary drains, might be badly affected as the project is still under litigation and had not been completed and the plan had been modified/altered/amended. Another builder
s project at seethramayyana kere in Bangalore East might also be affected. A leading builder`s project near kaikondarahally-ambalipura-kasavanahally-lakes will definitely be affected, as the residential complex is just 100 feet from the boundary wall of the lake, which had been enhanced to 250 feet, as it still incomplete and had not obtained OCCUPANCY CERTIFICATE.
As per the RERA, any project/building/apartment, which has not obtained the OCCUPANCY CERTIFICATE from the competent authority is considered as INCOMPLETE and will be affected by the Act.
MANY APARTMENTS AND LAYOUTS HAVE COME UP, GENERALLY, DC CONVERTED SITES WITH (SOME WITH A KATHA AND SOME WITH B KATHA AND SOME WITHOUT KATHA AND SOME WITH GREEN COLOUR WASTE PAPER) AND APARTMENTS BUILT ON DC CONVERTED SITES, ARE VERY CLOSE TO THE LAKE BOUNDARY.
IT IS NOT PERMITTED. THESE BUILDER, GREASE THE PALMS OF THE LOCAL POLITICIANS AND THE OFFICIALS, SUBMIT MANIPULATED DOCUMENTS AND OBTAIN THE SANCTION. ALL SUCH APARTMENTS AND LAYOUTS OR SITES WILL “GO” EITHER TODAY OR TOMORROW.
DO NOT BUY PROPERTIES VERY CLOSE TO LAKES, RIVERS, NALAS, DRAINS, RAJA KALUVE, VALLEY ZONE AND SUSPECTED GOMALA, SUSPECTED KAHARAB, GUNDU THOPU AND FOREST AREAS.