SUPREME COURT OF INDIA RESERVES THE ORDER ON THE BUFFER ZONE


The apex court, after hearing a lengthy argument and submission by BBMP regarding the buffer zone and its consequences, has RESERVED ITS ORDER.

BUFFER ZONE AND NGT ORDERS


The Supreme Court was hearing the appeal on the BUFFER ZONE issue and observed that the clock cannot be put back regarding NGT order on retrospective effect and however the advocate appearing for the NGO maintained that for all future constructions or in those cases, where sanctions were granted but no development done.

The hearing will be resumed on 22-01-2019.

NGT Order on Buffer Zone and its repercussions


The NGT passed the order on 26-04-2016 has created confusion and the BBMP has since then, withdrew or canceled few Occupancy Certificates and Commencement Certificates issued from that date onwards and few/some projects or the buildings approved as per the prevailing bylaws, which are said to be near or close to or within the buffer zone (as per the NGT Observation) termed as           ,  and the residents or the purchasers are put into trouble.

Few Commencement Certificates and the Occupancy Certificates issued after  26-04-2016, within the purview of the NGT stands canceled, even if the BBMP had not withdrawn or canceled if they are within the said range as per the NGT Order.

NGT slams state Government for non-compliance of its orders on Buffer Zone.


In a continued hearing on the illegal construction by a leading builder in the kaikondarahally lake buffer zone, the Government Advocate did not appear before the Court and the Court slammed the state government towards the non appearance and non compliance of its earlier order and has ordered the BDA, BWSSB and other bodies to appear and submit the relevant documents.

Buyers are advised to restrain from entering or buying or making payment or making any type of commitments for this type of projects, even though, the builder promises that everything will be put in place and might be a leading builder.

Take Care.

NGT directions and deliberate non-appearance by a leading builder


The NGT had issued a BAILABLE WARRANT to the senior executive of one of the leading builders in Bangalore to appear before it for the Non-Compliance of its orders and the builder did not present himself before the court.  The NGT took serious note of it and sought his appearance, if not, inevitably the tribunal might exercise its powers to bring him to book.

If the treatment for encroachment/deviation/violation/irregularity for such a leading builder sends strong signals and further the Supreme Court of India had recently directed the Town Planner in Himachal Pradesh, Kasauli to remove the encroachments and demolish the illegal and unauthorized constructions.

BANGALORE:

An innumerable number of revenue buildings, DC Converted sites, and illegal buildings have come up in and around and on the raja kaluve and many such owners/agents/brokers are trying to sell their properties by concealing the facts or hiding the details about the illegality or irregularity and some notorious financial institutions are financing such illegal activities.

As the Akrama-Sakrama is being contested in the apex court, the outcome may be disastrous for the illegal, unauthorized, violated and deviated properties across the nation.  The effect will be more spelt at Bangalore and Delhi than any other metropolis in the country.

The buyers are under the wrong impression that financial institutions (banks and private banking companies) conduct a thorough legal scrutiny and thereafter the LOAN IS SANCTIONED and has been repeatedly publishing that the SANCTION OF HOME LOAN FROM BANKS does not necessarily confer any RIGHT, TITLE AND INTEREST.  Any illegality, if found, the entire LOAN AMOUNT WILL BE RECALLED WITH PENAL CHARGES.

NGT pulls up civic agencies for allowing construction in buffer zone of Kaikondrahalli lake-Plan to buy an apartment near lakes ?


              The National Green Tribunal (NGT) has pulled up civic agencies including Bruhat Bengaluru Mahanagara Palike (BBMP) for allowing construction activities in the buffer zone of Kaikondrahalli lake on Sarjapura road.

NGT has also took to task BDA, BESCOM, and other agencies for giving permission for construction of buildings within the revised 75m buffer zone around Kaikondrahalli lake. The agencies have been served with notices, and the next hearing has been set for January 8.

In May 2016, the NGT had issued a direction to maintain a 75m buffer zone around lakes. For Storm Water Drains (SWD), the buffer zone is 50m, 35m for secondary SWD and 25m for tertiary SWD. Pointing this out, Saransh Jain, advocate from Namma Bengaluru Foundation,  said they noticed some violations even after the May 2016 directive. He further stated that  “BBMP has issued occupancy certificates (OC) to a 50-storeyed building that is within the buffer zone at Kaikondrahalli lake.

            NGT has asked BBMP, BWSSB, BESCOM and other agencies to give an explanation on January 4, 2018.

NATIONAL GREEN TRIBUNAL ORDER IS APPLICABLE FOR ALL ONGOING AND UPCOMING PROJECTS-COMMERCIAL-INDUSTRIAL AND HOUSING in respect of BUFFER ZONE!!!!


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.

The National Green Tribunal (NGT) today declared 100 meters from the edge of River Ganga as a ‘No-Development Zone’ in the stretch between Haridwar in Uttarakhand and Unnao in Uttar Pradesh.


There shall be no dumping of waste of any kind within 500 metres  from the edge of River Ganga,” said NGT.

The NGT also declared an environment compensation of ₹50,000 on anyone who dumps waste in River Ganga. UP and Uttarakhand were directed to formulate guidelines for religious activities on the ghats of Ganga or its tributaries.

NGT has formed a supervisory committee to oversee implementation of directions passed in its 543-page judgement and submit report to it.

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.

NATIONAL GREEN TRIBUNAL ORDER ON ALL THE DEVELOPMENT PROJECTS – NO CLEARANCE WITHOUT PROPER COLLECTION, PROCESSING AND DISPOSAL OF SEWAGE AND GARBAGE !!!


NGT ORDERS ON DEVELOPMENT PROJECT

Any development project, which is bound to generate waste and sewage, should not be granted clearance unless its plan provides for proper collection, processing and disposal of sewage and garbage, the National Green Tribunal has said.

 

“It needs no wonders to understand that any development, residential, industrial or commercial is bound to generate municipal waste and sewage. Thus, when plans are made for such development, authorities including ministries and others are statutorily required to ensure that proper processing facilities for dealing with the municipal solid waste as well as for treating sewage are available,” a bench headed by NGT Chief Justice Swatanter Kumar said.

 

The green panel said it is “statutory obligation on all authorities to ensure that waste is not dumped randomly and it is collected, segregated, transported and disposed of in accordance with Municipal Solid Wastes (Management & Handling) Rules, 2000 and 2016.

 

It said that planning of projects would be “faulty” if precaution is not taken before commencing any plan which is essential for sustainable development.

It issued notices to all the states and UTs to show cause as to why the tribunal should not pass directions requiring authorities to strictly adhere to the doctrine of sustainable development in its true spirit.

 

“Why any development project, industrial, residential and commercial, be directed not to commence until and unless development plan duly provide for collection, processing and disposal of municipal solid waste in accordance with law,” the bench said, while hearing a petition filed by Kudrat Sandhu against violation of waste management norms in the capital.

 

NGT NOTICE TO CENTRE AND UTTAR PRADESH GOVERNMENT ON LAKE ENCROACHMENT OF ARTHALA LAKE ON HINDON RIVER IN GHAZIABD – WILL THE KARNATAKA GOVERNMENT PLEA BE ADMITTED FOR REVIEW?


National Green Tribunal today serious view on rampant gumping of waste and encroachment of Arthala Lake,  which sought response from the Centre and UP government on the issue.

A bench headed by NGT Chairperson Justice Swatanter Kumar issued notices to the Ministry of Environment and Forests, Akhilesh Yadav government, Ghaziabad Development Authority and others while seeking their reply by October 25.

The order came while hearing a plea by NGO SPEnBIO seeking removal of all illegal constructions and encroachments on Arthala Lake in Ghaziabad and restoration of the lake to its natural form.

“Dumping of solid waste and biomedical waste in Arthala Lake and industrial effluents discharged from Mohan Meakin Ltd was causing groundwater contamination, further decimating the very lake which has shrunk to almost half of its original size,” the plea submitted.

The NGO has contended that residents of the area have lodged several complaints about encroachments on the Arthala Lake with the Ghaziabad Nagar Nigam, District Magistrate and Senior Superintendent of Police but no action has been taken by any of these agencies against the violators.

“Instead of taking action against encroachers, Ghaziabad Development Authority is illegally constructing a underpass on Khasra no 1446 of the lake and more than 10 pillars have benn erected on the elevated road of 18 km without environment clearance from the State Level Environment Impact Assessment Authority on the land of lake, violating Wetland (Conservation and Management) Rules 2010 and Section 132 of the UP Zamindari Abolition and Land Reforms Act 1950,” it said.

WILL THE KARNATAKA GOVERNMENT PLEA FOR REVISION OR MODIFICATION BE ADMITTED BY THE NGT? 

 

 

DEMOLITION – OF ILLEGAL AND IRREGULAR BUILDINGS ACROSS BANGALORE – WILL CONTINUE – EVEN THE RICH AND MIGHTY WILL NOT BE SPARED – – ASHUBH –


Bangalore experiences the DEMOLITION of illegal structures and it is said that the RICH AND MIGHTY have escaped it.  But, they cannot escape, they will be treated badly, much worse than the other.

Cheating, Fraud, Misrepresentation of facts, False documentations, Bogus Claims, Fake Documents, Fabricated documents, Clearances from Govt Departments obtained by misrepresentation and TALL CLAIMS, makes  `BUILDER`.

Whenever there is a serious issue, the developer approaches the COURTS for temporary remedy and the buyer thinks that the temporary remedy is PERMANENT.

Toooooooooooooo many buildings have been built illegally and the sellers are promising the buyers that it can be REGULARISED BY AKRAMA-SAKRAMA, but it is not TRUE, that all the ILLEGAL AND IRREGULAR STRUCTURES AND BUILDINGS CANNOT BE REGULARISED.  

BE CAREFUL.

LAKE, VALLEYS, RAJA KALUVE, PRIMARY AND SECONDARY DRAINS OR CHANNELS  -BUFFER ZONE- GOVT DIRECTIONS


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 effects of NGT order on lakes and raja kaluve


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 builders 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.

 

NATIONAL GREEN TRIBUNAL VACATES THE INTERIM STAY ON KEMPEGOWDA LAYOUT


The Bangalore Development Authority submitted the NOC from the Clearance from the Pollution Control Board and the NGT (Southern Zone) vacated the interim stay granted on the development of Nadaprabhu Kempegowda Layout.

NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) ISSUES NOTICE TO BANGALORE DEVELOPMENT AUTHORITY – SANCTION OF HIGH RISE BUILDING PLAN ON THE LAKE BEDS


The NGT(SZ) has issued notice to BDA to appear before it on 28-01-2016 regarding the sanction of building plans to several builders on the lake beds, valleys and buffer zone.  Sriram Chirping woods and another builder is coming up with thousands of apartments across Kasavanahally lake, haralur lake, kaikondarahally lake, agara lake and few more water bodies in Bangalore East taluk, in Varthur Hobli, Bangalore Urban District.

Several public interest organisation have been submitting their objections to BDA/BBMP/KSPCB and to all the sundry departments regarding the ADVERSE ENVIRONMENTAL IMPACT and the BDA/BBMP have been sanctioning the plans without bothering about it.  Finally, the NGT AND THE SUPREME COURT OF INDIA stepped in and stopped the construction.  

Few more builders are also fighting the suits in Begur Hobli, Bangalore South Taluk, might have to shelve the projects, which began in 2009.  These builders are fighting various criminal and civil suits.  These projects have destroyed the delicate environment cover to the entire area of Bannergatta road and the surrounding areas.  In these zones, 75% of the buildings have violated even the dangerous building plans sanctioned by over 200%.  The culprits are the builders, officials, owners, local bodies (panchayats). BDA, BBMP, politicians and other government bodies like KSPCB, BESCOM, BWSSB who have deliberately ignored the nature`s law.  Finally, the Banks and the most important are the BUYERS.  Had the buyers, rejected or refused to buy illegal, unauthorised, irregular and dangerous buildings, these builders or developers WOULD NOT HAVE BUILT THESE ILLEGAL BUILDINGS AT ALL.

The buyers blame the Government, but ultimately, they are the sufferers and expect sympathy and regularisation at the cost of the honest tax payer. 

BUYING/BOUGHT PROPERTIES IN THE PERIPHERY OF HARALUR,KAVAVANAHALLY,KAIKONDARAHALLY AND AGARA LAKE BORDERS ? WHAT OUT


The National Green Tribunal (South Zone) is hearing some of the plaints by the interested parties in these zones and the Supreme Court`s observation, yesterday regarding the STAYS and INTERIM ORDERS by the Apex court on the environmental issues will be taken up soon.

The builders community, which have already come up and some are proposed to be hit by the judgement.

Take Care.