RAVISHANKAR S. Vs. BRUHATH BENGALURU MAHANAGARA PALIKE

JUDGEMENT

(1.) These two writ petitions raise a common issue and the petitioners are aggrieved by the endorsements issued at the hands of the respondent No.1 - BBMP, either declining to approve the plan for construction or issue building license or directing the petitioners to secure a 'No Objection Certificate' from the Bangalore Development Authority.

(2.) Both the learned counsels for the petitioners have vehemently argued that this Court in the case of Pavanjeet Singh Sandhu /vs./ Bruhat Bangalore Mahanagara Palike and others in W.P.No.15298/2020 and Smt. Sindhu K.M /vs./ Bruhat Bangalore Mahanagara Palike and others in W.P. No.9508/2023 has dealt with the issue where such endorsements were issued by the BBMP declining to sanction the plan on the ground that since the property in question is by the side of a Storm Water Drain and in terms of the requirement of the RMP-2015 and the zonal regulations a buffer zone has to be left next to the nala, the plan cannot be sanctioned.

(3.) Learned counsel submits that this Court considered the submissions made on behalf of the respondent No.1 - BBMP and held that the position of law is required to be clarified since several such complaints/petitions are being filed by the citizens of this city who have been declined approval of plan on the ground that certain directions are given by the National Green Tribunal (hereinafter referred to as 'NGT' for short). In view of the orders passed by the Hon'ble Supreme Court of India setting aside the directions given by the NGT, what remained was the implementation of the Zonal Regulations, RMP-2015 and subsequent revised master plan. This Court had directed that the requirement of having a buffer zone of 50 metres, 25 metres and 15 metres (depending on the size of the nala) should be made applicable only to Drains newly identified while finalizing the RMP-2015 and at any rate, it should not be made applicable to the drains that were already in existence prior to finalization of RMP-2015. If layouts are formed prior to finalization of RMP-2015, the requirement of setting apart buffer zone as contemplated in the zonal regulation of RMP-2015 is not applicable.