BDA allottee can construct on site as buffer zone rules not applicable: HC

S Shyam Prasad | NT

Bengaluru: The High Court of Karnataka has reiterated that buffer zones mandated under the Revised Master Plan 2015 are not applicable to layouts formed before the RMP-2015 came into force.

A person who was allotted a site by the Bangalore Development Authority (BDA) had approached the HC seeking directions to the civic body for an alternate site.

The HC however directed him to seek permission to put up a construction on the same site as the buffer zone rules were not applicable on his site formed before RMP-2015.

Citing an earlier judgement which had recorded similar findings, the HC bench of Justice R Devadas said, “This Court, in Shri. Pavanjeet Singh Sandhu (supra) has held that if the layouts are formed prior to the finalisation of RMP2015, the requirement of setting apart buffer zones as contemplated in the Zonal Regulations of RMP-2015 in such layouts is not applicable. However, the layout in question was formed prior to the finalisation of RMP2015.”

The Court was hearing a petition filed by K Balagangadhara Swamy, a resident of Bengaluru. Swamy was allotted a site in Anjanapura Layout 5th Block in the year 2001.

In November 2018, he brought to the notice of the BDA that the site allotted to him was abutting a ‘nala’ which is treated as a buffer zone and no construction activity can be carried out.

Therefore he sought an alternative site. During the hearing of the petition, the BDA submitted a memo along with a copy of a resolution it had passed earlier this year.

The resolution had resolved that all such layouts that were formed prior to the notification of the RMP2015 and Zonal Regulations “shall not be considered for the implementation of the provisions contained in the RMP[1]2015 and Zonal Regulations regarding the buffer zone adjacent to the stormwater drains/nalas.”

The National Green Tribunal had given general directions to set apart 15 meters as a buffer zone from the Rajakaluves/stormwater drains. However, the HC had in an earlier judgement held that the Zonal Regulations were prospective in nature and did not apply to layouts formed before 2015.

Allowing the petition, the HC said, “The writ petition is accordingly disposed of making it clear that the petitioner is entitled to seek approval of the building plan and building license to put up a construction. If such an application is filed by the petitioner, the competent authority shall consider the same and proceed to sanction the plan without insisting on the implementation of the provisions contained in the RMP-2015 and Zonal Regulations to the property in question, regarding buffer zone.” (WP 7701/2020)