we have discussed in detail what type of sanctions and NOC’s required from various authorities. This Blog is in continuation to that, here, we have covered other criteria to be considered apart from verifying the sanctions and approvals which is in existence for the project.
There is a common maxim in jurisprudence “Ignorantia Facti Excusat, Ignorantia Juris Non Excusat” which means ignorance of fact is excused but ignorance of law is not excused. This maxim is relevant in this context as the person who is buying the Property needs to be a vigilant citizen so that his investment is in tune to the prevailing land laws of the State.
The local land laws in many states like Karnataka, Maharashtra, Uttar Pradesh, Haryana, Tamil Nadu, Andhra Pradesh have imposed restriction on certain types or portion of land to be used for constructing the residential building. So lets look at those restrictions:
(1) Conversion: Originally, if the Property is an agricultural land, then there is a restriction to use it for non-agriculture purpose unless a conversion permission is obtained from the relevant authority and conversion fees is paid.
Effect for not complying: The violation to such restriction can bring the Property Owner in trouble, as per the applicable laws in various states, the concerned authority can initiate suo-moto action and upon enquiry if such land is found to be in violation, it can vest with the State Government.
(2) In accord to the City Development Plan: Every city has its own Development Plan which is also referred as Comprehensive Development Plan (CDP)/Outer Development Plan (ODP), so as to regulate the development is in consonance to the urban requirements of the cities and to maintain the ecological and environmental balance. Under the Development Plan, the areas are divided (zoned) for certain specific use such as residential, commercial, industrial, hi-tech, public purpose, green belt etc.
For instance, if any residential building is proposed to be constructed on the land which is earmarked for the commercial use under the Development Plan, then in order to build residential building, it is required to take permission for the diversion/change of the land use upon payment of requisite charges from the concerned town and planning department.
Effect for not complying: If found that the building constructed is in contravention to the CDP or ODP, it has its own dire consequences, the building can be ordered for demolition, refer to the Karnataka High Court judgement in the case of K.K. Govindaraju And Vinayaka … vs Commissioner, Corporation Of … on 16 April, 1987, (ILR 1987 KAR 1570).
(3) Storm Water Drains/Water Channels/Nala: The Storm Water Drains/Water Channels are in the city to improvise the drainage system, which is regulated and maintained by the Government, hence such portion of land belongs to the Government, which can be recovered upon issue of notice. So any construction on such piece of land are illegal and unauthorized.
Effect for not complying: In the recent past, the storm water drains have created a havoc in the city of Bangalore. After the flooding, the State Government carried out a demolition drive to recover the encroachments over the storm water drains. There have been houses which had a sanctioned building plan from the concerned authorities, still came under the category of encroachers.
Such instances have raised a bigger concern as to what are the parameters to evaluate the legality of the Property.
It is recommended to verify the Village Map and other revenue maps for the Property to analysis whether the constructed building is not encroaching any of these storm water drains/water channels/nala etc.
(4) Lake Beds/Tank Beds/Wetlands: This is also one of the criteria to keep in mind while doing the evaluation. Since the feeder channels to the lake have been affected on account of residential layouts in the vicinity, the lakes have become a place for stagnation of sewage water, as a result, the tank bed are the breeding points of mosquitoes and source of diseases. The National Green Tribunal has recently issued guidelines to the State Governments to adopt while approving plan sanction:
- no construction permissible within 75 meters from the buffer zone of the Lake Beds;
- no construction permissible within 50 meter from the border of Primary Storm Water Drain; 35 Meter from the Secondary Storm Water Drain Border; 25 Meter from the Territory Storm Water Border.
Effect for not complying: Any building constructed on the periphery of the Lake Beds will be consider as the unauthorized construction and can be demolished.
(5) Any Road, pathway, Pipe Line Crossing By: The spot inspection of the land and also one of the reliable source is to trace these aspect is to check the village map. If such type of pathways are coming under the Project or building, it can be regularized by paying certain amount of fees.
Effect for not complying: It again question the legality of the Project or the building.
(6) Others: High Tension Wire, Pipe Line, Slum Area Check: Similarly, if any pipe line or high tension wire installed near or over the land, it can be rectified by taking permission and paying prescribed fee to the authority. If you find any slum area near the land then it is recommended to check whether the nearby lands are not notified as slum areas from the Slum Clearance and Improvement Board.
Effect for not complying: It also question the legal validity of the Project or the building and can be the factor for the depreciation of your valuable investment.
