11.2.5 Transferable Development Rights (TDR) against Construction of Amenity

When an owner or lessee, with prior approval of Authority, develops or constructs the amenity on the surrendered plot, at his own cost subject to such stipulations as may be prescribed and to the satisfaction of the Authority and hands over the said developed/constructed amenity free of cost to the Authority, then he may be granted a Transferable Development Rights (TDR) in the form of FSI as per the following formula :-

Construction Amenity TDR in Sq.m. = A / B * (2) 1.35 Where, A = cost of construction of amenity in rupees (2) for all type of buildings and roads, should be calculated as per the (2) DSR prepared by (2) Public Works Department for the year in which construction of amenity is commenced. (2) While preparing the estimate, the Planning Authority may consider the cost of the project comprehensively including cost of construction (for the civil works, electrical works, water supply, drainage, infrastructure, development works like site levelling, compound wall, parking, drive ways, ramps for the basement, infrastructure for the compliance of the Environment / MPCB Department etc.) as well as incidental costs for completion of project (all types of premium & charges payable to the

(#) Clarifications issued by the Govt. vide letter No.CR.44/21 dt.10 th June, 2021 & Order No.CR.58/22/UD-12, dt.04th September, 2023

(2) Replaced Vide Notification u/s.37(1AA)(c) & 20(4) bearing No.CR.96/2024/UD-13, dt.05th September, 2024

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

(2) Planning Authorities, Fees / Cess / Taxes payable to the Government / Semi Government Authorities, Labour Insurance and all Consultants‘ fees, Cost of the BOCW etc. (4) (Deleted) (4) The cost of any movable items should not be considered for the calculation of cost of construction of amenity.

B = land rate per Sq.m. as per the Annual Statement of Rates (ASR) prepared by the Inspector General of Registration for the year in which construction of amenity is commenced. In case of buildings like auditorium, assembly etc. wherein height of building is more, cost of the building may be worked out from the Public Works Departmentas per applicable DSR. Also expenses for ancillary requirements only of immovable items like acoustic etc. may also be included in such cost. Such expenses for ancillary requirement may also be considered for hospital and educational buildings.

(2) Conditons :

i. It is compulsory to obtain technical sanction from the same authority which is competent for the technical sanction of other civil projects run through the Planning Authority. ii. For the TDR calculation, the Planning Authority has to include all the necessary items from the project proponent as required for the effective compliance of the said project. In the said Technical Sanction, cost of movable items should not be considered by the project proponent. Also these movable items should not be included in the budget or TDR calculation. Such movable items will not be procured through this project. iii. While execution and implementation of the said project the concerned authorized officer of the said Planning Authority should follow the requesite procedure for maintaining the records like measurement book, quality control and inspection of the record, preparation of bills, preparation of possession receipt, issuance of commencement certificate etc. However, the compensation for the Construction Amenity TDR is payble to the extent of actual expenditure on the said project. At the same time it will also be necessary to ensure at the time of disbursement that the cost of all the items completed by the project proponent is included.

(3)

Provided further, notwithstanding anything contained in these Regulations, for the purposes of medical, education or community hall, if the land belonging to SPA / ULB is already leased or allotted to a Public Charity Trust or a Government owned entity for the purposes of operations wherein construction of the amenity thereon is the responsibility of Special Planning Authority (SPA) or Urban Local Body (ULB), then to create or extend such facilities for the public at large, construction TDR may be granted to the Trust or Government entity for carrying out construction. However, in any case where construction TDR has been issued, the ownership of the construction shall lie with SPA / ULB and Trust or Government entity shall, post construction, hand over the construction to SPA / ULB and SPA / ULB may lease this construction back to the Trust or Government entity for a period co-terminus with the earlier lease and at such rate and conditions that earlier lease states. (3) If any person, with the consent of the authority, constructs D.P. road by obtaining development rights / consent of the other owners whose land is covered under the D.P. road, then such person may be entitled for construction amenity TDR subject to –

i) This provision shall only apply to construction of new road proposed in the Development Plan.

ii) One end of road should meet other existing public road.

iii) The specifications for construction of road shall be as decided by the Authority.

(2) Inserted vide Notification u/s.37(1AA)(c) & 20(4) bearing No.CR.96/2024/UD-13, dt.05th September, 2024

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

(4) Deleted vide Corrigendum No.CR.116/2024/UD-13, dt.11th October, 2024