11.2.3 Cases not eligible for Transferable Development Rights (TDR)

It shall not be permissible to grant Transferable Development Rights (TDR) in the following circumstances :-

i) For earlier land acquisition or development for which compensation has been already paid partly or fully by any means;

ii) Where award of land has already been declared and which is valid under the Acquisition Act or the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 unless lands are withdrawn from the award by the Appropriate Authority according to the provisions of the relevant Acts.

iii) In cases where layout has already been sanctioned and layout roads are incorporated as Development Plan roads prior to these regulations.

iv) If the compensation in the form of FSI / or by any means has already been granted to the owner.

v) Where lawful possession including by mutual agreement / or contract has been taken and such agreement does not provide for TDR.

vi) For an existing user or retention user or any required compulsory open space or recreational open space or recreational ground, in any layout.

vii) For any designation, allocation of the use or zone which is not subjected to acquisition.

viii) Existing nallah, river, natural stream, natural pond, tank, water bodies etc.

ix) Reservations which are not developable under the provisions of UDCPR.

x) For the lands owned by the State Government, (2) except Government land leased on long term for a nominal lease rent wherein remaining tenure of lease is more than 30 years.