When an area with in the local planning area is required for public purpose (i.e. road, widening of road, parks, etc.) the owner of any site or land which comprises of such area surrenders it free of cost and hands over possession of the same to the planning authority / Local Authority free of cost and encumbrance. The Planning Authority / Local Authority permits development rights in the form of additional floor area which shall be equal to one and half times the area surrendered. The development rights so permitted may be utilised either at the remaining portion of the area after surrender or any where in the LPA, either by himself or by transfer to any other person.
10.1 Terms and Conditions for Grant & Utilisation of TDR:
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The Planning Authority / Local Body shall publish an annual programme for road widening or construction of new road or for any other public purpose specified in Section 14(B) of the Act, for granting Transferable Development Rights.
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The land shall be surrendered through a relinquishment deed for which a Development Rights Certificate (hereinafter called "D.R.C.") is to be issued. The land so surrendered shall vest with the Authority / Local Body free from all encumbrances.
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D.R.C. shall be issued only after the required land is surrendered to the Planning Authority / Local Body free of cost and free of encumbrances. In respect of land surrendered for purpose other than road widening, the land has to be fenced to the satisfaction of the Authority / Local Body.
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DRC shall be issued under the seal of the Planning Authority / Local Body and under the signature of the Commissioner, Bangalore Development Authority / Commissioner of Local Body within the LPA of Bangalore.
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The D.R.C. shall be valid for a period of five years. However, the same may be revalidated for a further period of five years subject to payment of revalidation fee.
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The D.R.C. shall contain details of the floor area credit in square meter of built up area and the area to which the owner of the surrendered land is entitled shall be stated in figures and words. The description of the land from where development rights are generated and the land use zone of the same shall also be stated in the D.R.C.
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The eligible additional floor area may be utilised in the remaining portion of the land after surrender, irrespective of the road width.
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The DRC shall not be valid for use on receivable plot/plots abutting a road of less than 9 meters within the LPA of Bangalore subject to condition No.12.
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In case of Bangalore LPA, if the additional floor area is transferred to another plot, FAR of the receiving plot shall be allowed to be exceeded by not more than 0.60 times of the existing FAR, provided the receiving plot abuts a road width of 12 m and above, If the receiving plot abuts a road width of 9 meters to 12 meters, then a maximum of 0.40 times the existing FAR shall only be allowed, subject to limitations prescribed in these terms and conditions.
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The Authority may consider relaxing set backs and coverage to a maximum extent of fifty percent, when the permissible Floor Area Ratio cannot be achieved, in case of D.R.C. arising out of land surrendered free of cost for road widening. This relaxation is also permissible in the receiving plot or in the same plot left over after surrender. When plot generating the TDR utlises the DRC as the receiving plot, then the incremental parking need not be insisted. No relaxation can be given for area required for parking in receiving plot. While exercising the above power, the Authority shall finalise the building line for the entire road taken up for widening keeping in view the developments existing, feasibility and smooth flow of traffic and notify the same. No construction shall be allowed in violation of such notified building line.
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A DRC can be purchased for utilisation in respect of a building already existing, subject to all the limitations prescribed in these terms and conditions.
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Development rights certificate may be utilized in all the areas irrespective of A, B and C (Ring I, II & III) zones, in the following manner.
E.g.:
| Area of site surrendered | 100 sq. mtrs. |
|---|---|
| DRC issued for the above 100 sq. mtrs. | 150 sq. mtrs. |
Table No. 25
| DRC Generation Zone | Utilisation Zone - A zone (Ring I) | Utilisation Zone - B zone (Ring II) | Utilisation Zone - C zone (Ring III) |
|---|---|---|---|
| A Zone (Ring I) | 150 x 1.00 | 150 x 1.50 | 150 x 2.00 |
| B Zone (Ring II) | 150 x 0.666 | 150 x 1.00 | 150 x 1.333 |
| C Zone (Ring III) | 150 x 0.50 | 150 x 0.666 | 150 x 1.00 |
- The D.R.C. obtained on account of surrendering a particular land / plot shall be utilised on transfer to any other plot only for the purpose for which such receiving plot is designated in the development plan.
- Whenever the remaining portion of the plot or land after surrender to the Planning Authority / Local Body is too small to construct any meaningful building, if so, the owner may desires to surrender the entire property to the Planning Authority / Local Body in lieu of the D.R.C.
- The Authority may charge a fee of Rupees one hundred for grant / transfer / utilization / revalidation etc., of DRC.
- A D.R.C. shall not be valid for use on receivable plot in the area notified as such by Government.
- The utilisation of Development Rights shall be in multiples of ten sq. meters only except the last remainder.
- The Authority may reject or cancel the grant of D.R.C. in the following circumstances namely:-
- a. Where any dues are payable by the owner of the property to the State Government or Planning Authority / Local body prior to the date of handing over physical possession of the property to the Authority. Also, Planning Authority / Local Body may grant and withhold issue of D.R.C. until all the dues of the State Government or the Planning Authority / Local Body are paid by the owner.
- b. Where D.R.C. is obtained by fraudulent means.
- c. Where there is a dispute on the title of the land, till the dispute is settled by a Competent Court.
- The utilisation of D.R.C. in favour of Non-Resident of India and Foreign nationals will be subject to rules and regulations " under Foreign Exchange Management Act, 1999 (FEMA) and / or the rules and regulations" made by the Reserve Bank of India / Government of India in this behalf.
- The Authority may decline to allow utilisation of D.R.C. in the following situations:-
- a. Under direction from a competent court.
- b. Where the Authority has reason to believe that the transfer for utilisation of D.R.C. has been obtained by fraudulent means.
- c. Where the utilisation application does not comply with the terms and conditions.
- d. Where the utilisation application is not duly signed by the transferor and transferee.