APPENDIX - XIII REGULATIONS FOR THE GRANT OF TRANSFERABLE DEVELOPMENT RIGHTS (TDRs and DRs) TO OWNERS/DEVELOPERS AND CONDITIONS FOR GRANT OF SUCH RIGHTS. (Regulation No. 5.15)

1. The owner (or lessee) of a plot of land which is reserved for a public purpose or for road proposal in the development plan shall be eligible for the award of Transferable Development Rights (TDRs) as per section 126 of M. R. & T. P. Act 1966. These TDRs shall be in the shape of Floor Space Index (F.S.I.) in the form of Development Right Certificate (DRC) which he may use or transfer to any other person. 2. As stipulatd in Regulations 1 of above, the transferable developments rights to the extent specified in regulation nos. 5 and 6 of this Appendix shall be used after the plot is surrendered without claiming monetary compensations.. 3. Development Rights (DRs) shall be granted to an owner or a lessee only for reserved lands, which are retainable, under the Urban Land (Ceiling and Regulations) Act, 1976, wherever applicable As for non-retainable land under the provision of the said Act, only after production of a certificate from the appropriate Authority under that Act, a Development Right will be granted. In the case of non-retainable lands, the grant of Development Rights shall be to such extent and subject to such conditions as Government may specify. Development Rights (DRs) are available only in case where development of a road or reservation has not been implemented i.e. TDRs will be available only for prospective development of roads and reservations which will be solely decided by the Competent Authority. 4. Development Rights Certificates (DRCs) shall be issued reservationwise and ownershipwise by the Competent Authority after carrying out demarcation and measurment as well as after ascertaining the title of the land . The certificate shall state the size of plot, survey number, built up area in square meters (all these details in figures and in words) to which the owner or lessee of the said reserved plot is entitled, the place and user zone in which the DRC is earned and the areas in which such credit may be utilised. 5. The built up area for the purpose of F.S.I. credit in the form of DRC shall be equivalent to the permissible F.S.I. of the zone in which the reservation falls. 6. If a holder of a DRC intends to transfer it to any other person, he shall submit the DRC to the Competent Authority with an appropriate application for an endorsement of the new holder’s name i.e. transferee on the said Certificate. Without such an endorsement by the Competent Authority, the transfer shall not be valid and the Certificate will be available for use only by the original holder. 7. A holder of a DRC who desires to use the F.S.I. credit certified therein on a particular plot of land shall attach to his application for development permission valid DRC to the extent required. 8. A DRC shall not be valid for use on receivable plots in the following cases :- (a) Coastal Regulation Zone, and areas designated as Gaothans / congested area (b) On plots for housing schemes for EWS for which additional F.S.I. is permissible as per Appendix -XVII. (c) On narrow plots. (d) Green Zone, Plantation Zone, Quarry Zone and Cattle Shed Zone. 9. With an application for development permission, when an owner seeks utilisation of DRs, he shall submit the DRC, to the Competent Authority which shall endorse thereon in writing in figures and words, the quantum of DRs proposed to be utilised before granting development permission. When the development is complete, it shall endorse on the DRC in writing, in figures and words - the quantum of DRs actually utilised and the balance thereafter, if any, before issue of occupation certificate. If the quantum of balance development rights is zero then no DRC will be issued. 10 A DRC shall be issued by the Competent Authority, as a certificate printed on bond paper in an appropriate form. Such a certificate will be transferable “negotiable instrument” after due authentication by the Competent Authority shall maintain a register - in a form considered appropriate by it, of all transactions, etc.relating to grant of / utilisation of DRs. 11. Disposal of Land : The surrendered reserved land for which a DRC is to be issued shall vest absolutely in the Planning Authority. Such land will be transferred in the City Survey Records in the name of the Planning Authority. The surrendered land so transferred to the Planning Authority in respect of which the Planning Authority is not the Appropriate Authority for reservation, may, on application, thereafter allot such land to the appropriate authority concerned, which may be a State or Central Government Department, a public authority, a registered society or charitable institution or a public Trusts on appropriate terms as may be decided by It, and as per its land disposal policy. 12. For authorised structures falling in the D.P. road reservation, TDR will be given equal to the total land area affected and built up area of structure affected provided that the cost of demolition or reconstruction is borne by owner. 13. Concession in ultimate marginal distance requirements except for those in the front and between buildings and in the height limitations prescribed in the Regulation No. 5.13.1.1 in a multibuilding proposal shall be given to the extent of 25 %, without charging any premium or compounding fee. The provisions of Regulation No. 5.13.1.4 shall not be made applicable in such proposals. 14. ZONES FOR UTILISATION OF FSI GENERATED BY WAY OF TDR : ( SUBJECT TO REGULATION NO.8 OF THIS APPENDIX )

GENERATION ZONE UTILISATION ZONE ZONE 1 Area around stations as has been marked on the development plan. In any Generation Zone ZONE 2 Area of U-zone falling in Municipal limits, except area of zone 1 In Generation Zone No. II and III. ZONE 3 Area of U-zone outside the Municipal limits In Generation Zone No. III.

Notes: a) Municipal limits shall be considered as those existing on the date of enforcement as these regulations. (i.e.. on 1-3-2004) b) U Zone mentioned above shall include High Intensity Development areas and Low-Density Residential Zone stated under Regulations Nos. 3.2 and 3.3.1 respectively. c) In the absence of any planning authority for the Sub-Region, TDR will operate only within the municipal limits functioning in this, Sub-Region. (Modified to add (b) & (c) above as per M-13) 15. FEES AND VALIDITY : i The scrutiny fee to be paid alongwith the application for TDR will be Rs 5/- per sq.m ii The fee for transfer of DRC will be Rs 1/- per sq.m of the total F.S.I. value of DRC subject to minimum of Rs. 2000/- 1. The principal DRC shall be valid for a period of 5 years from the date of issue. Thereafter, it shall have to be got revalidated from the Planning Authority on payment of Rs.100/- every five years. 2. Transferee’s DRC shall be valid only for a period of 2 years or upto the date of principal DRC - whichever is earlier. Thereafter the transferee’s DRC shall be got revalidated on payment of Rs.100/- every two years. 3. In the following cases no DR will be granted. a) Any existing or retention user or any statutory open space of a layout shown in the development plan. b) Lands falling under the Railway and National Highways. c) For any reservation designated on the lands (vesting) in local authority, Govt. or any agencies of the State or Central Govt or Public undertakings. However, such agencies can utilise the F.S.I. of the reservations on the (remaining) land, if any. d) Land to be surrendered from any reservation (not road lands) is less than 1000 sq. m. e) Land under disputed ownership. 16. Modalities for grant of TDR : I. The built up area for the purpose of F.S.I. credit in the form of DRC shall be equal to the land area under the reservation surrendered to the Competent Authority free of cost, free from all encumbrances and with proper reclamation to the satisfaction of the Competent Authority. II. DRC will be granted only if the proposal is received for at least 1000 sq.m. of the land under the reservation except the DP Road and the shape and size is acceptable to Competent Authority. III. The onus of proving the ownership of land while submitting application for grant of development right certificates shall solely lie on the applicant. The Competent Authority will not be responsible for any litigation arising out of ownership disputes. An Indeminity Bond in this regard will be submitted by the owner. 17 Utilisation of TDR : DRC may be used on one or more plots of land whether vacant or already developed or by erection of additional storeys, or in any manner consistent with these regulations. Minimum unit for utilisation of TDR shall be 10 sq.m.

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