JOIN USBeckoned by fantastic views of towering, lake-facing highrise apartments, thousands of Bengalureans had put big money in these projects. But a sense of anxiety, mistrust and despair has suddenly overtaken that anticipated euphoria of ownership. Reason: The National Green Tribunal (NGT) verdict increasing buffer zone restriction to 75 mts.
Where do the worried property buyers turn to? The NGT verdict is only prospective and cannot be retrospective, say the builders in a feeble attempt to reassure them. But what about buyers who have already paid a part of the money in advance? What about properties within the buffer zone that have obtained the necessary approvals?
Lack of clarity
There is no clarity yet on the issue. The Supreme Court on Thursday stayed the Rs 117-crore penalty imposed on Mantri Techzone Pvt Ltd by the NGT for encroaching water bodies in Bengaluru. Citing this, realtors feel confident that their legal challenge to the NGT order will bear fruit. But they admit that the Tribunal verdict has the potential to impact all the sanctions that have been obtained for building projects.
Those who have constructed buildings adhering to the bye-laws should have no problems, contends Confederation of Real Estate Developers Association of India (CREDAI)-Bengaluru Secretary Suresh Hari. Buyers, he says, are much more protected than before. “We will protect buyers of properties that have got their plans approved by the respective agencies,” adds Hari.
Nexus jeopardised
But the NGT verdict has jeopardised -- at least for the time-being -, the well-oiled machinery between builders and government officials, a nexus that ensured all the necessary approvals even if the projects blatantly violated the buffer zone restrictions. Several studies by the Indian Institute of Science (IISc) researchers have clearly shown how even the 30-mtr buffer zone around lakes have been wantonly encroached by builders.
The CREDAI official points out that the state government too is guilty of encroachments. “It has acquired (buffer zone) land, developed it and made plots. There are plenty of such instances if you look at the city’s lakes in the last 30-40 years.” True, several government-owned structures such as the Kempegowda bus station, Kanteerava Stadium complex, Football stadium, Corporation Hockey stadium and the National Games complex have come up on land where major lakes thrived.
Prosecuting govt officials
The petitioners who took up the cause of Bellandur and Agara lakes to corner the private builders are aware of the nexus. That is precisely why they feel the ‘real step’ is to prosecute all those in government, who were willing participants in the takeover of buffer zones. They seek a comprehensive probe to check whether there was a criminal conspiracy to defraud the citizens.
For property developers attached to CREDAI and those outside the umbrella, the NGT ruling has become problematic on another count: A guideline that mandates the use of only treated water for construction purposes. This, the order says, should be reflected in the Environment Clearance (EC) certificate required as a condition for construction. Before the construction begins, the builder should furnish the source of the treated water to be used.