11.2.4 Generation of the Transferable Development Rights (TDR)

Transferable Development Rights (TDR) against surrender of land :-

a. For surrender of the gross area of the land which is subjected to acquisition, free of cost and free from all encumbrances, the owner shall be entitled for TDR or DR irrespective of the FSI permissible or development potential of such land to be surrendered and also that of land surrounding to such land at the rate given below :-

Area Designated on DP Entitlement for TDR / DR Non-Congested Area 2 times the area of surrendered land.

Congested Area 3 times the area of surrendered land.

Note :-

i) The quantum of Transferable Development Rights (TDR) generated for reservation in area having total legal impediment / constraint on construction or development like CRZ / Hazardous zone / Low Density zone, shall be 50% of TDR generated as prescribed above.

ii) The quantum of Transferable Development Rights (TDR) generated for Bio Diversity Park reservation shall be 8% of gross area. (Explanation :- Above entitlement may also be applicable to the compensation paid in the form of FSI to the owner to be utilised on unaffected part of same land parcel and in such cases the procedure of DRC shall not be insisted.)

Provided that, if levelling of land and construction/erection of the compound wall / fencing as per Clause (b) below to the land under surrender is not desirable considering the total area of reservation, the quantum of TDR shall be reduced to 1 : 1.85 and 1 : 2.85 in non- congested area and congested area respectively. In such cases, the owner shall have also an option of paying the cost of construction of compound wall (as decided by the Authority) without reducing the quantum of TDR.

Provided further that such construction / erection of compound wall / fencing shall not be necessary for area under development plan roads. In such cases TDR equivalent to entitlement as mentioned above shall be granted without any reduction.

Provided also that Additional / incentive Transferable Development Rights (TDR) or Development Rights (DR) to the extent of 5% of the surrendered land area shall also be allowed to the land owners who submit the proposal for grant of Transferable Development Rights (TDR) of land reserved in the development plan, within 2 years from the sanction of these regulations.

Provided that the quantum of generation of TDR as prescribed above, shall not be applicable for TDR generated from construction of amenity or construction of reservation / (1) deemed reservations / roads, Slum TDR, Heritage TDR.

(1) Inserted vide Corrigendum / Addendum No.CR.121/21, dt.02nd December, 2021

(2) Inserted Vide Notification u/s.37(1AA)(c) bearing No.CR.53/24/UD-12, dt.04th October, 2024

b. DRC shall be issued only after the land is surrendered to the Authority, free of cost and free from encumbrances and after levelling the land to the surrounding ground level and after constructing/ erecting a 1.5 m. high compound wall / fencing i.e. brick / stone wall up to 0.60 m. above ground level and fencing above that upto remaining height with a gate, at the cost of the owner and to the satisfaction of the Authority.

c. If any contiguous land of the same owner / developer, in addition to the land under surrender for which Transferable Development Rights (TDR) is to be granted, remains unbuildable, the Authority may grant Transferable Development Rights (TDR) for such remaining unbuildable land also if the owner / developer hands it over free of cost and free from all encumbrance and encroachment. If such land is from the proposed roads then such land shall be utilised for road side parking, garden, open space or road side amenities including bus bays, public toilets or any compatible user as the Authority may decide and if the such land is from the proposed reservation then same shall be included in such proposed reservation and shall be developed for the same purpose.

d. In case of lessee, the award of Transferable Development Rights (TDR) shall be subject to lessee paying the lessor or depositing with the Authority for payment to the lessor, an amount equivalent to the value of the lessor's interest to be determined by the Authority on the basis of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 against the area of land surrendered, free of cost and free from all encumbrances.

e. Where the authority has taken the possession of the reserved land in development plan with the commitment of granting TDR / DRC in the past and DRC is not issued, in such cases, DRC shall be issued for the quantum as per this UDCPR.

(3)

f. In case of land owned by Government of Maharashtra but leased on a long term for a nominal lease rent with remaining tenure of lease more than 30 years, is required for reservation under Development Plan, TDR shall be payable to lease holder to the extent of 90% of otherwise due TDR for equivalent private land. If allotment on lease was done at a subsidized rate and not at full market value or RR value, then indexing of the TDR given for land shall be at similarly reduced rate. If there is any existing authorized construction done by lease required to be demolished or acquired then TDR shall be payable for the construction as is due for equivalent private property.

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