HC: Palike can't cite NGT order to deny occupancy certificate

The High Court of Karnataka on Wednesday told the BBMP that it cannot withhold the occupancy certificate by citing the National Green Tribunal’s order.

The court was hearing a petition filed by Sri Nakoda Constructions Ltd, which had sought directions to the BBMP to allot it the occupancy certificate since it had completed the construction according to the sanctioned plan.

Justice Vineet Kothari told BBMP that the plan was sanctioned much before the NGT order on buffer zones came up and the NGT has not sought the demolition of any buildings in its order.

The NGT, in its judgement on May 4, 2016, had imposed new buffer zones of 75 metres for lakes and wetlands which will be a no-construction zone, as opposed to 30 metres earlier, in Bengaluru. Under-construction buildings will have to be demolished. However, if the construction is already completed, the order is not applicable.

The BBMP counsel sought time to place the order of the NGT before the court as it had denied the occupancy certificate based on this order.

The judge directed the BBMP to also place the status of the case pending before the NGT and adjourned the next hearing to August 2.