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After 6 months of dilly dallying on NGT order dated 04-May-2016, Karnataka State Government (KSG) has issued a clarification on few salient points of the NGT order (For more information on the earlier NGT order please click here.)

  1. Whether the NGT order is applicable retrospectively or prospectively? KSG: NGT order is prospective in nature. The state govt opined that if any law amendment, rules or law has not specifically mentioned that it is retrospective in its operation than it will be only prospective. NGT has not said its order is retrospective. Hence, the directions / orders of NGT are prospective in its application.
  2. Whether after having taken building plan sanctions, having partly constructed, can the authorities permit construction to continue in the remaining vacant area which is part of building plan sanction? KSG: If building plan sanctions were accorded to any project as per the then prevailing rules (i.e. those prevailing before NGT order dated 04-May-2016) then NGT order will not apply to such buildings including partly constructed and the ones which are yet to commence construction.
  3. Whether after having taken building plan sanctions, if the construction has not commenced will the above NGT order be made applicable? KSG: NGT order will not apply.

The Karnataka State government has noted that NGT is a quasi judicial body and does not have the Power to legislate. Hence, KSG has decided to hold discussion with the administrative body of NGT to explain the practical difficulties of implementing recommendations of the order. They shall get a waiver for the ongoing projects as discussed above in pt (2). Moreover they might approve new projects, which are stuck for want of approvals, by negotiating additional time to implement changes suggested in the NGT order.

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