NGT Order Dilema

shaileshblr
Posts: 8
Joined: May 13th, 2011, 11:56 am

Re: NGT Order Dilema

Postby shaileshblr » January 22nd, 2018, 12:33 am

Amit,
Thanks for your reply.

The SWD is right behind my plot. However this SWD proximity didn't require any buffer earlier on all plan sanctions before NGT order came. It is to be noted that both adjacent neighboring plots were already constructed and they got the plan sanctioned without issues from BBMP.
The BBMP engineer did visit and inspect the plot. They are not giving in writing that plan can't be approved but merely said the directive from top is to hold the sanctions. They are n't even accepting the application.
I too needed to take bank loan for construction and was shocking to see complete lack of clarity on what happens to these properties falling on new buffer zone directives.
I am also hesitant to put up permanent constructions without plan sanctions to avoid all the trouble which I may face.

I am unsure whether I should wait endlessly for NGT order clarity or I go with Zinc sheet based temporary shed now. If I put temporary shed, ,can I get electricity and water conenctions?

Thanks

vipulkr
Posts: 5
Joined: November 17th, 2011, 5:45 pm

Re: NGT Order Dilema

Postby vipulkr » January 22nd, 2018, 12:05 pm

Supreme court is hearing this case against NGT Order ( Civil Appeal 5016/2016). There are 17 cases filed against NGT Buffer zone order including one from Karnataka Govt .NGT Buffer zone order cant be applied retrospectively.

Recently High Court ordered BBMP to issue OC to an apartment which is approved before the NGT Order ( WP 16282/ 2017). In another case High court restrained BBMP from canceling OC for an Apartment approved before NGT Order (WP 975/2018).

State Govt should ask supreme court for an early hearing and stay order.

nanjunda ns
Posts: 3
Joined: December 26th, 2017, 2:15 pm

Re: NGT Order Dilema

Postby nanjunda ns » January 22nd, 2018, 4:16 pm

Hi All,

NGT Buffer zone order will effect BDA sites also and my site there in near mallathahalli lake, i have just opposite of lake entrance.


please guide me.



thanks,

amit_pearl2
Posts: 203
Joined: September 7th, 2009, 1:53 pm

Re: NGT Order Dilema

Postby amit_pearl2 » February 3rd, 2018, 12:21 pm

vipulkr wrote:Supreme court is hearing this case against NGT Order ( Civil Appeal 5016/2016). There are 17 cases filed against NGT Buffer zone order including one from Karnataka Govt .NGT Buffer zone order cant be applied retrospectively.

Recently High Court ordered BBMP to issue OC to an apartment which is approved before the NGT Order ( WP 16282/ 2017). In another case High court restrained BBMP from canceling OC for an Apartment approved before NGT Order (WP 975/2018).

State Govt should ask supreme court for an early hearing and stay order.


These are big time builders who can afford to go to court. Small time people, i dont think i can afford to pay high fees for court, when already i would have ongoing loan. WHo will compensate, what price would i get, how many days will it take.

Again --- its so meaningless not allowing to construct house where there are already houses have come up which are nearer to lake.
Not allowing to construct house on site which is already sorrounded by houses is so dumb decision.

Anybody individual who has approached court for such cases?

vipulkr
Posts: 5
Joined: November 17th, 2011, 5:45 pm

Re: NGT Order Dilema

Postby vipulkr » February 5th, 2018, 2:32 pm

i think few individual property owners also approached Supreme court. Only Supreme court has jurisdiction to hear appeal against NGT order. Since so many people have approached SC, it is taking some time for this case to be heard. We need to wait till SC takes up this case. Next hearing is in march. Lets hope that NGT order is made prospective or quashed completely.

amit_pearl2
Posts: 203
Joined: September 7th, 2009, 1:53 pm

Re: NGT Order Dilema

Postby amit_pearl2 » February 6th, 2018, 11:57 am

Thanks Vipul...
'
Let us hope the judges look into this case holistically. While i understand it it being looked as nation level issue, technically this should be at state level. If the goverment fences the boundaries with clear demarking and heavy penalty for somebody who encroches lakes, we will continue to live in ambiguity of trying to know if site we are buying is safe.

First we need to ensure that the site is litigation free, if at all we succeed, then we have threats like NGT.

Vipul, out of curiosity, how are you updated on these topics. where do i see updates on this.

vipulkr
Posts: 5
Joined: November 17th, 2011, 5:45 pm

Re: NGT Order Dilema

Postby vipulkr » February 10th, 2018, 8:43 pm

Any development related to this issue is reported by most of the news papers. Also we can search the case details in Supreme court and High Court websites. These are my source of information. I once spoke to Senior official from BDA as well.

rspr
Posts: 8
Joined: November 1st, 2016, 11:21 am

Re: NGT Order Dilema

Postby rspr » February 11th, 2018, 6:08 am

http://supremecourtofindia.nic.in/php/c ... d_yr=2017#

Here is the case details that was challenging the NGT order in SC, by State of Karnataka. It is currently posted for Mach 15th. Do not expect a decision on that day, unless we all get lucky.

We all need to wait it out, and please spend your efforts on something else until this case's final judgement comes.

Click on the "tagged matters" to see how many cases are filed and all of them are being heard at the same time.

While what "Forward Foundation" doing is a right thing, i personally think NGT might have taken it to the peaks.

Having said that, new RMP (Revised master plan) released by BDA already includes these 75/50/25 meter buffer zone for new developments. Concern is only for the already approved layouts.

amit_pearl2
Posts: 203
Joined: September 7th, 2009, 1:53 pm

Re: NGT Order Dilema

Postby amit_pearl2 » February 14th, 2018, 1:41 pm

rspr wrote:http://supremecourtofindia.nic.in/php/case_status/case_status_process.php?d_no=6288&d_yr=2017#

Here is the case details that was challenging the NGT order in SC, by State of Karnataka. It is currently posted for Mach 15th. Do not expect a decision on that day, unless we all get lucky.

We all need to wait it out, and please spend your efforts on something else until this case's final judgement comes.

Click on the "tagged matters" to see how many cases are filed and all of them are being heard at the same time.

While what "Forward Foundation" doing is a right thing, i personally think NGT might have taken it to the peaks.

Having said that, new RMP (Revised master plan) released by BDA already includes these 75/50/25 meter buffer zone for new developments. Concern is only for the already approved layouts.


Nice Info.... i hope people who who brought land as per govt laws then (before new NGT) get justice. Again i dont know how long this case will go on. while i am not looking to immideatly construct house, however there are many who are in trouble with new NGT order.

If court decides that permission cannot be granted, then hope it also injects a rule that govt to buy the land and market price.

rspr
Posts: 8
Joined: November 1st, 2016, 11:21 am

Re: NGT Order Dilema

Postby rspr » February 21st, 2018, 8:07 pm

amit_pearl2 wrote:Nice Info.... i hope people who who brought land as per govt laws then (before new NGT) get justice. Again i dont know how long this case will go on. while i am not looking to immideatly construct house, however there are many who are in trouble with new NGT order.

If court decides that permission cannot be granted, then hope it also injects a rule that govt to buy the land and market price.


Hope SC takes care of this well enough.
Govt needs entire budget for a year to purchase land at market rates in the entire bangalore. So, would they do it?


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