SC stays HC relief to real estate firm over project near lake

Last Updated : 10 March 2018, 18:42 IST

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The Supreme Court has stayed a Karnataka High Court order that restrained any "precipitative" action against real estate developers by the BBMP, even though there was specific direction by the National Green Tribunal that no building plan and occupancy certificate can be issued within the buffer zones around lakes in Bengaluru.

A bench of Justices Adarsh Kumar Goel and R F Nariman allowed a plea made by K S Ravi against the interim relief granted by the high court on January 10 to SJR Prime Corporation Ltd and others. SJR Prime Corporation is said to have violated the buffer zone limit while establishing a 529-unit highrise residential complex near Kaikondarahalli Lake.

The court also directed no third party rights can be created in the matter, meaning thereby the flat buyers cannot claim any equity in future on the basis of action undertaken either by them or by the colonisers.

Senior advocate Meenakshi Arora, along with advocate Ram Prasad, representing city resident Ravi, contended that the high court's order was "legally unsustainable" and had serious repercussion as it had made the pending proceedings before the NGT, New Delhi in the case of 'NGO Forward Foundation' nugatory.

"It was a gross abuse of the process of law as the respondents made a clever attempt by filing a writ petition before the high court to frustrate the proceedings before the NGT," the counsel submitted.

The high court had admitted the petition by the real estate developers for consideration. It had ordered, "no precipitative action be taken against the petitioner without the specific leave (permission) of this court".

The NGT's principal bench had on May 4, 2016, directed buffer zone and green belt of 75 metres in case of lakes, 50 metres for primary, 35 metres for secondary and 25 metres for tertiary 'Rajakaluves' has to be maintained.

After hearing the counsel, the top court on Friday issued a notice to the real estate developers and suspended the high court's order.

A bench of Justices Nariman and Navin Sinha had on February 19 stayed a similar order passed by the high court on a writ petition filed by K N Mohan and others.

The high court had then restrained the BBMP from taking any action against the project proponent establishing a commercial complex around Kaikondarahalli Lake.

Published 10 March 2018, 18:22 IST

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