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by System Administrator - Sunday, 25 October 2015, 6:31 PM

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Let UDD amend rules in respect of TDR/DRC and create a good market for it .Land cannot be created but Government can make more buildable area by amending building bye-laws and more can be accommodated in the same area and vertical development can be permitted and developed .Instead of that allow higher FSI or FAR and allow more buildable area .If Builders are allowed to use TDR/DRC market will be created .The bulders who have bought the lands in central areas of Bangalore can buy TDR/DRC and increase the buildable areas. Or allow builders to buy TDR/DRC and regularize the already unauthorized buildings. Government should create market for DRC/TDR .Government of Karnataka should follow the developments in Mumbai while framing rules in Bengaluru.

Urban Development department need to change or amend the rules in respect TDR/CDR and permit the BDA/BBMP/SLUM CLEAMARANCE BOARD and other authorities to give compensation in the form of TDR/DRC for old cases of land acquisitions where awards were made compensation was not paid or no awards were made and compensation was not paid or slum owners were not paid compensation for their land . There are several thousand acres of land acquired by BDA/CITB for which in many cases awards were made and money was deposited in court and in court many cases are pending for enhancements and land owners have not got compensation amount and cases are pending for enhancement of compensation amount since several years to such cases Government can give DRC/TDR and people can sell DRC in open market and get some better compensation . In many cases BDA has not passed awards and compensation amount is not paid and Government can give DRC/TDR and people can sell DRC in open market. And many cases in slum areas owners have won the cases but they are not able to evict the slums and in such cases also government can think of allotting TDR /DRC and solve the problems of land owners who have not received any thing from land can get DRC/TDR and Government can give DRC/TDR and such owners can sell DRC in open market.

Development Rights Certificate (DRC) means making available certain amount of additional built up area in lieu of the area relinquished or surrendered by the owner of the land, so that he can use extra built up area for him or transfer it to another in need of the extra built up area for an agreed sum of money. Which can be transferred & these transferable rights are called Transfer of development rights (TDR).TDR was introduced in Bangalore in the year 2005 - If your property is in the way of execution of a large infrastructure project, the executing agency / the government can acquire your property by compensating you with TDR.  What is actually issued to you is permission for a built-up area one and a half times the property you originally surrendered.In Karnataka, planning takes place as per the guidelines laid down in the Town and Country Planning Act.  This is a State Government Act.  Any amendment to this act has to come from the State Government.Karnataka State Government introduced section 14B in the Town and Country Planning Act in 2005 whereby if the Planning Authority or Local Authority wants to widen an existing road, form a new road, provide parks, playgrounds and open spaces or any other civic amenities, they can acquire land demarcated for these purposes from the owner for free and in exchange give the owner  "development rights in the form of additional floor area, equal to one and half times the area surrendered.” The owner can either use these development rights on the remaining part of surrendered land or anywhere in the local planning areas or he may transfer the development rights to another person.

The past decade has borne witness to massive scales of development in the Indian cities. However, simultaneous to this development has been the rise in population, which continues to soar to uncontrollable levels. An obvious consequence of both of the above phenomena is the pressure on the already scarce land area required for purposes of public utility. In the face of such scarcity, there has been a need for a method to resolve the problem of acquisition of land by the Government for the development of infrastructure for the benefit of the public. In such a situation, Transferable Development Rights have come forth as a truly innovative idea, promising a win-win solution to both the land owners, and the Government.

Transferable Development Rights (TDR) is a mechanism to facilitate the hassle-free acquisition of land for infrastructure development activities like road widening, metro rail projects, etc. It essentially involves two parties- the government, which wishes to acquire the land on one hand, and the owner of such land on the other. Under the TDR scheme, the government can acquire the land (whole or part) from the land-owner in exchange for development rights which are transferred to the land owner. The advantage that such 'development rights' offer becomes clearer with an understanding of the floor area ratio (FAR) or floor space index (FSI).FAR or FSI is the ratio of the total floor area of a building on a certain location, to the size of the land of that location, or the limit imposed on such a ratio. TDR effectively allows developers to exceed the FSI or the FAR of the land, allowing them to build additional floors in a building.

The TDR can be used by the land owner on the remaining portion of the land, which he retains after the acquisition, or it can be utilized on any other property of his choice. He can also trade it to other parties for an agreed sum of money. An acquisition in the above form entitles the land owner to a Development Rights Certificate (DRC), which he may use for himself or transfer to any other person, as the case may be.The process of land acquisition in urban areas for public purpose, especially for road widening, is complicated, costly and time consuming.  In order to minimize the time needed and to enable a process which could be advantageously put into practice for acquisition of land, the system of TDR was introduced. Not only does TDR make the process of acquisition informal, it also reduces the burden on the State exchequer and promotes development. Furthermore, TDR allows the landowners to separate the right of ownership of the land from the right of its development.