Buying land close to forests, wildlife areas, and other protected landscapes can seem like an attractive investment. But if the property falls within an Eco-Sensitive Zone (ESZ), there are important rules to understand before purchasing or planning construction.
What Is an Eco-Sensitive Zone?
An Eco-Sensitive Zone is an area notified around certain protected areas to act as a buffer between environmentally sensitive habitats and surrounding development. The exact boundary and restrictions vary according to the specific ESZ notification and its Zonal Master Plan.
Importantly, owning land in an ESZ is not automatically prohibited. However, ownership does not mean that every type of construction or land use is permitted.
Can You Build a House in an ESZ?
In certain circumstances, residential construction may be allowed, particularly for permitted local or existing uses. However, construction and development are subject to the applicable ESZ notification, local planning regulations and required approvals.
Before starting construction, buyers should verify whether the proposed activity is permitted and obtain all necessary permissions from the relevant authorities. Building height, floor area, land use and the overall scale of development may also be subject to restrictions.
What Activities Are Prohibited?
Depending on the specific notification, activities such as commercial mining, quarrying, major polluting industries, sawmills and other environmentally damaging activities may be prohibited.
Activities such as tree cutting, major infrastructure development and certain construction projects may require prior permission.
What Can Generally Be Permitted?
Existing agricultural and horticultural activities may continue subject to applicable rules. Environment-friendly measures such as rainwater harvesting, renewable energy and low-impact development may also be encouraged where permitted.
What Should You Check Before Buying ESZ Land?
* Validate the survey number and the precise ESZ border.
* Verify the latest ESZ notification as well as the Zonal Master Plan.
* Verify the ownership of land and the current land-use status.
* Verify if residential or any other proposed entity can be developed.
* Verify the approved buildings and the environmental clearance.
* Consult with local authorities in revenue, planning, forest, or environment when required.
The Conclusion
Definitely, the land can be owned in areas designated as Eco-Sensitive Zones, but there is a fundamental difference between ownership rights and property development rights. In fact, the property can be lawfully owned even if there are restrictions on construction or conversion of the land.
As for prospective owners, the surest way of proceeding is to ascertain the correct survey number, get familiarised with eco-sensitive zone land rules and seek legal and planning advice prior to making the investment.