TDR & Reservation Policy Notifications – Mumbai 2016 – Maharashtra Housing and Building Laws

TDR & Reservation Policy Notifications – Mumbai 2016

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NOTIFICATIONS

Final sanction under clause (c) of sub-section (1AA) of Section 37 of the Maharashtra Regional & Town planning Act, 1966 regarding incorporation of new Regulations in the context of Accommodation Reservation in the sanctioned Development Control Regulations of Municipal Corporations in the State.

Government of Maharashtra

Notification

Department of Urban Development

Mantralaya, Mumbai-32

Date:- 02/05/2016

No. TPS-1813/3067/Pra.kra.492/13/Ma.na.pa/Na.vi-13

The accompanying Notification should be published in the Extraordinary Gazette of Maharashtra Government at state level.

By the order and in the name of the Governor of Maharashtra.

Sd/-

(Sanjay Balkrishna Saoji)

Under Secretary,

Government of Maharashtra

Copy to:-

1] The Secretary to the Hon’ble Chief Minister, Mumbai.

2] The Personal Secretary to the Hon’ble Minister of State (Urban Development).

3] The Principal Secretary (Na.vi-1), Urban Development Department, Mantralaya, Mumbai.

Copy to:-

1] The Director, Town Planning & Joint Secretary, Urban Development Department, Mantralaya, Mumbai.

2] The Director, Town Planning, Maharashtra State, Pune.

3] The Joint Director, Town Planning & Joint Secretary, Urban Development Department, Mantralaya, Mumbai.

4] Commissioners, Municipal Corporations- Greater Mumbai, Thane, Kalyan, Ulhasnagar, Bhiwandi-Nizampur, Mira-Bhayander, Vasai-Virar/Pune/Pimpari-Chinchwad/Solapur/Kolhapur/Sangli-Miraj-Kupwad/Nagpur/ Chandrapur/Nashik/Ahmednagar/Jalgaon/Dhule/Malegao/Aurangabad/Nanded-Waghala/Latur/Parabhani/Amravati/Akola (through branch office).

5] The Joint Director, Town Planning, Enforcement cell/Valuation/Pune/Konkan/Nashik/Nagpur/Aurangabad/Amravati Divisions.

6] The Assistant Director, Town Planning/Town Planner, all branch offices, Town Planning Department.

7] Under Secretary, Na.vi-11/Na.vi-30/Section Officers, Na.vi-9/Na.vi-12, Urban Development Department, Mantralaya, Mumbai.

8] The Manager, Government Central Printing Press, Charni Road, Mumbai is requested to publish the accompanying Government Notification in the Extraordinary Gazette of the Maharashtra Government at state level and further to forward 50 copies each thereof, to the Urban Development Department.

[Translation]

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NOTIFICATION

URBAN DEVELOPMENT DEPARTMENT

Mantralaya, Mumbai 400 032

Dated: 02/05/2016

Maharashtra Regional and Town Planning Act, 1966

No. TPS-1813/3067/CR-492/13/MCORP/12/UD-13:- Whereas, the lands reserved for public amenities, social facilities and utilities in the Development Plans (hereinafter referred to as the said Development Plan) of the Municipal Corporations (hereinafter referred to as the said Planning Authority) prepared and sanctioned under the provisions of Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the said act) shall be regulated by allowing owner for development subject to certain conditions under Accommodation Reservation Principle;

And whereas, most of the Municipal Corporations have the provisions of “Accommodation Reservation Principle” in their sanctioned Development Control Regulations. (hereinafter referred to as the said Regulations);

And whereas, in view of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, it is necessary to allow the fair compensation for the lands reserved for public amenities, social facilities and utilities in the Development Plans prepared under the provisions of Maharashtra Regional and Town Planning Act, 1966 by granting “Transferable Development Rights and by allowing owner for development subject to certain conditions under Accommodation Principle;

And whereas, in view of the above, Government felt necessary to reform the existing regulations of “Transferable Development Rights and Accommodation Principle” (hereinafter referred to as the said Regulations) and for that purpose a Study Group was formed to examine the provisions of the newly enacted Land Acquisition Act & to suggest the reformation in the present said regulations of Transferable development rights and Accommodation Principle;

And whereas, after considering the report and in view of recommendation of the Study Group, the Government of Maharashtra is satisfied that in the public interest it is necessary to incorporate urgently a comprehensive revised regulation in respect of Transferable Development Rights and Accommodation Principle in the sanctioned Development Control Regulations of the respective said Planning Authorities replacing all the said existing regulations of Transferable Development Rights and Accommodation principle (hereinafter referred to as the proposed modification);

And whereas, pursuant to the above and in exercise of the powers conferred by clause (a) of sub-section (1AA) of Section 37 of the said Act and all other powers enabling in that behalf, the Government of Maharashtra has published a notice bearing No. TPS-1813/3067/CR-492/MCORP/13/UD-13/dt. 30/4/2015 which appeared in the Maharashtra Government Gazette dated 7^th to 13^th May 2015 on page no. 10 to 22 for inviting objections and suggestions upon the said proposed modifications from the general public and concerned Joint Director of Town Planning of the division was authorized as an Officer (hereinafter referred to as the said Officer) to give hearing and submit his report to the Government.

And whereas, after receiving and considering the reports submitted by the concerned said Officers and consulting the Director of Town Planning M.S. Pune, the Government of Maharashtra has sanctioned the proposed modifications in respect of “Transferable Development Rights” for the Municipal Corporations as mentioned in Notification No. TPS-1813/3067/CR-122/MCORP/12/UD-13, dated 28/01/2016 and TPS-1813/3067/CR-122/MCORP-Kokan/12/UD-13, dated 29/01/2016 (excluding Municipal Corporations of Greater Mumbai) pending decision on Accommodation Reservation Principle;

And whereas after receiving and considering the reports submitted by the concerned said Officers and consulting the Director of Town Planning M.S. Pune, the Government of Maharashtra is of the opinion that the proposed modifications in respect of “Accommodation Reservation Principle” as mentioned in ANNEXURE AR should be sanctioned with certain modifications for the said Planning Authorities as mentioned in ANNEXURE A;

Now therefore, in exercise of the powers conferred by Clause (c) of sub-section (1AA) of Section 37 of the said act and all other powers enabling in that behalf, the Government of Maharashtra, in supersession with all existing regulations of Accommodation Principle, finally sanctions the said proposed modifications with certain changes in respect of “Accommodation Reservation Principle” as mentioned in ANNEXURE AR for the said Planning Authorities as mentioned in ANNEXURE A attached herewith.

This notification shall be kept open for inspection to the general public in the following offices for the above period on all working days.

(i) Office of the Director of Town Planning, M.S. Central Building, Pune;

(ii) Office of the Joint Director of Town Planning, Pune, Nashik, Nagpur, Kokan, Aurangabad, Amravati Division;

(iii) Commissioner Municipal Corporation

This notice shall also be made available on the Government website www.maharashtra.gov.in (Acts/rules).

By order and in the name of Governor of Maharashtra.

Sd/-

(Sanjay Saoji)

Under Secretary to Government

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Annexure-A

Accompaniment to the Government in Urban Development Department Notice bearing No. TPS-1813/3067/CR-492/13/MCORP/13/UD-13

dated 02/05/2016

Sr.No.	Name of Municipal Corporation	Name of the Division
1.	Brihan Mumbai	Kokan Division
2.	Thane
3.	Kalyan-Dombivali
4.	Vasai-Virar
5.	Mira-Bhayander
6.	Ulhasnagar
7.	Bhiwandi-Nijampur
8.	Pune	Pune Division
9.	Pimpri-Chinchwad
10.	Solapur
11.	Kolhapur
12.	Sangli-Miraj-Kupwad
13.	Nagpur	Nagpur Division
14.	Chandrapur	Nagpur Division
15.	Nashik	Nashik Division
16.	Ahmednagar
17.	Jalgaon
18.	Dhule
19.	Malegaon
20.	Aurangabad	Aurangabad Division
21.	Nanded-Vaghala
22.	Latur
23.	Prabhani
24.	Amravati	Amravati Division
25.	Akola	Amravati Division

By order and in the name of Governor of Maharashtra.

Sd/-

(Sanjay Saoji)

Under Secretary to Government

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APPENDIX AR

(Accompaniment to the Government in Urban Development Department Notification bearing No. TPS-1813/3067/CR-492/13/MCORP/AR/UD-13, dated 02/05/2016)

ACCOMMODATION RESERVATION

MANNER OF DEVELOPMENT OF RESERVED SITES IN DEVELOPMENT PLAN

(ACCOMMODATION RESERVATION PRINCIPLE)

The use of land situated within the Municipal limit which has been reserved for certain purpose in the Development Plan shall be regulated in regard to type and manner of development/redevelopment according to the provisions mentioned in following Table.

When owner is allowed to develop the reservation, he should have exclusive ownership/title of the land without any restriction under any other Act or regulation in force.

General conditions to allow development under above regulations:-

i] If the area of reservation is not adequate to construct independent building as mentioned above OR When it is not possible to handover individual plot along with public amenity, then in such cases Municipal Commissioner may allow composite building on said land subject to condition that the built up area mentioned as above may be allowed to be handed over to the Planning Authority or Appropriate Authority, as the case may be, preferably on ground floor and subject to premium as may be decided by Government from time to time. If ground floor is utilised for parking, then on stilt/first floor with separate entry & exit from public street. In such cases, built-up area along with proportionate undivided share of land shall be handed over to the Planning Authority or Appropriate Authority, as the case may be. In such cases no compensation of proportionate undivided land share shall be permissible.

ii]In cases where not specifically mentioned in this regulation, if the area under the reservation is owned by more than one owners, then the owner/s may come forward jointly or the owners holding at least 50% or more area shall be allowed to develop the reservation on such land. It is mandatory for other owners to construct amenity contiguous to the earlier development.

iii] The owner/developer shall be entitled for construction amenity TDR as per the TDR regulations after handing over the constructed amenity free of cost on the land surrendered to the planning Authority under this Regulation. For specific reservation where construction amenity is not required by the Commissioner, in such cases Municipal Commissioner should not insist for such amenity.

iv] It shall be obligatory on Planning Authority to make registered agreement with the developer/owner at the time of granting the development permission subject to terms and conditions as it deems fit. Occupancy Certificate shall be issued only after compliance of all terms & conditions and getting possession of the constructed amenity.

v] The above permissions for development of reservations shall be granted by the Municipal Commissioner as per the norms mentioned in these regulations.

vi] The area/built-up area to be handed over to the Planning Authority under these Regulations shall be earmarked on the sanctioned building plan clearly mentioning the same, and registered agreement to that effect shall be executed. After completion of construction, the said amenity shall be handed over by executing the deed of transfer in this respect and expenses thereon shall be borne by the owner. The occupation certificate to the construction belonging to owner shall be granted only after handing over said amenity to the Planning Authority. The constructed amenity shall be made available to the general public by the Municipal Commissioner within 3 months from possession as per the condition as Commissioner deems fit.

vii] In cases, where permission for development under accommodation reservation principle is already granted as per earlier regulations, the same shall continue to be valid till completion of construction.

viii] Provisions of Regulations of Inclusive Housing, Amenity Space if any, shall not be applicable for development under this Regulation. Moreover, Regulation of required recreational open space shall not be applicable for development of reservation other than Residential purpose as mention at sr.no.7.

ix] Notwithstanding anything contained in these regulations, there shall be no cap for utilization of available in-situ FSI and TDR potential of the entire plot on the remaining plot provided that no relaxation in side margin shall be permissible.

x] Once sanction is granted under this regulation, the owner/developer shall have to complete the development and hand over the developed reservation to Planning Authority within the period as specified by Planning Authority. Thereafter Planning Authority may levy penalty for any delay.

By order and in the name of Governor of Maharashtra.

Sd/-

(Sanjay Saoji)

Under Secretary to Government

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TDR NOTIFICATION.— MUMBAI

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The Maharashtra Regional & Town Planning Act, 1966

* Notification under Section 37(1AA)(c) of the said Act.

* Modification to the Regulation 34 in the Development Control Regulations of Greater Mumbai, 1991.

Government of Maharashtra,

Urban Development Department,

Mantralaya, Mumbai-400 032

Dated: 16/11/2016

NOTIFICATION

No. TPS-1813/3067/CR-122/MCORP/12/UD-13

Whereas the Development Control Regulations for Greater Mumbai, 1991 (hereinafter referred to as “the said Regulations”) have been sanctioned by the Government in the Urban Development Department, under Section 31(1) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “the said Act”) vide Notification No.DCR 1090/RDP/UD-11 dated 20^th February, 1991 so as to come into force with effect from the 25^th March, 1991;

And whereas, the Regulation 34 of the said Regulation contain provision for “Transferable Development Rights”;

Whereas, the lands reserved for public amenities, social facilities and utilities in the Development Plans (hereinafter referred to as the said Development Plan) of the Municipal Corporations (hereinafter referred as to as the said Planning Authorities) prepared and sanctioned under the provisions of Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the said act) are being generally acquired under Section 126 of the said Act read with relevant provisions of Land Acquisition Act, 1894 (hereinafter referred as to as the said LA Act) by granting “Transferable Development Rights”;

And whereas, the Land Acquisition Act, 1894 replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is an Act of Indian Parliament that regulates land acquisition and provides rules for granting compensation, rehabilitation and resettlement to the affected persons and provides provisions for fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land and assures rehabilitation of those affected;

And whereas, in view of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, it is necessary to allow the fair compensation for the lands reserved for public amenities, social facilities and utilities in the Development Plans prepared under the provisions of Maharashtra Regional and Town Planning Act, 1966 by granting “Transferable Development Rights and by allowing owner for development subject to certain conditions under Accommodation Principle;

And whereas, in view of the above, Government felt necessary to reform the existing regulations of “Transferable Development Rights and Accommodation Principle” (hereinafter referred as to as the said Regulations) and for that purpose the Study Group was formed to examine the provisions of the newly enacted Land Acquisition Act & to suggest the reformation in the present said regulations of transferable development rights and Accommodation Principle;

And whereas, the Study Group after careful study of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, submitted the report to Government and in view of recommendation of the Study Group, the Government of Maharashtra is satisfied that in the public interest it is necessary to incorporate urgently a comprehensive revised regulation in respect of Transferable Development Rights and Accommodation Principle in the sanctioned Development Control Regulations of the respective said Planning Authorities replacing the all said existing proposed regulations of Transferable Development Rights and Accommodation Principle (hereinafter referred to as the proposed modification);

And whereas, pursuant to the above and in exercise of the powers conferred by Clause (a) of sub-section (1AA) of Section 37 of the said act and all other powers enabling in that behalf, the Government of Maharashtra has published a notice bearing No.TPS-1813/3067/CR-492/MCORP/13/UD-13/dt 30/04/2015 which appeared in the Maharashtra Government Gazette dated 7^th to 13^th May 2015 on the page no 10 to 22 for inviting objections and suggestions upon the said proposed modifications from the general public and concerned Joint Director of Town Planning of the division was authorized as an Officer (hereinafter referred to as the said Officer) to give hearing and submit his report to the Government;

And whereas after considering the reports submitted by the concerned said Officers and consulting the Director of Town Planning Maharashtra State, Pune, the Government of Maharashtra is of the opinion that the proposed modifications in respect of “Transferable Development Rights” should be sanctioned with certain modifications and decided to take decision on Accommodation Reservation Principle separately;

And whereas Government of Maharashtra vide No. TPS-1813/3067/CR-122/MCORP/12/UD-13, dated 28/01/2016 has issued Notification under section 37(1aa)(c) of the said Act regarding Regulations of Transferable Development Rights for the Municipal Corporation which are included in Pune, Nagpur, Nasik, Aurangabad and Amravati Division (excluding Municipal Corporation from Kokan Division);

And whereas, the Government of Maharashtra is and whereas Government of Maharashtra vide No. TPS-1813/3067/CR-122/MCORP-Konkan/12/UD-13, dated 29/01/2016 has issued Notification under section 37(1aa)(c) of the said Act regarding Regulations of Transferable Development Rights for the Municipal Corporation which are included in Konkan Division {excluding Municipal Corporation of Greater Mumbai (MCGM)}

And whereas, after considering the various representations in larger public interest, in exercise of the powers conferred by section 154(1) of the said Act, Govt vide Notification No.TPS-1813/3067/CR-122/MCORP/12/UD-13, dated 28/01/2016 and vide Notification No.TPS-1813/3067/CR-122/MCORP-Konkan/12/UD-13, dated 2/05/2016 has issued Addendum to amend the above mentioned Notification dated 28/01/2016 and Notification dated 29/01/2016 has sanctioned the proposed modification in respect of certain planning authorities enlisted therein excluding Municipal Corporation of Greater Mumbai;

And whereas, the Government of Maharashtra is of the opinion that the proposed modification in respect of “Transferable Development Rights” should be sanctioned for Municipal Corporation of Greater Mumbai (MCGM) with certain modifications as mentioned in the SCHEDULE appended hereto;

Now, therefore, in exercise of the powers conferred upon it under Section 37(1AA)(c) of the said Act, the Government hereby:-

(A) Sanctions the proposed modifications as described more specifically in the Schedule appended hereto in respect of “Transferable Development Rights” in Regulation 34, hereby merging earlier Regulation 34 and its Appendix VII-A and by substituting it by modified Regulation 34 as described in the Schedule. By virtue of this, Appendix VII-A is hereby deleted.

Further, the Clauses of earlier Regulation-34, Appendix VII-A, wherever referred in other Regulations of this D.C.R. shall be read with corresponding Clause of this modified Regulation 34 for the sake of interpretation and its applicability in other provisions of any other Regulation in said Regulation.

(B) Fixes the date of publication of this Notification in the Official Gazette as the date of coming into force of this modification.

(C) Directs the Municipal Corporation of Greater Mumbai, that in the Schedule of Modifications sanctioning the said Regulations, after the last entry, the Schedule appended hereunder shall be added.

This notification shall also be made available on the Government website www.maharashtra.gov.in (Acts/Rules)

By order and in the name of Governor of Maharashtra.

Sd/-

(Shrirang Landge)

Joint Secretary to Government

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SCHEDULE

Accompaniment to the Government in Urban Development Department Notification bearing No.TPS-1813/3067/CR-122/MCORP/12/UD-11, dated 16/11/2016.

REGULATIONS FOR GRANT OF TRANSFERABLE DEVELOPMENT RIGHTS

1.0 TRANSFERABLE DEVELOPMENT RIGHTS:-

Transferable Development Rights (TDR) is compensation in the form of Floor Space Index (FSI) or Development Rights which shall entitle the owner for construction of built-up area subject to provisions in this regulation. This FSI credit shall be issued in a certificate which shall be called as Development Rights Certificate (DRC).

Development Rights Certificate (DRC) shall be issued by Municipal Commissioner under his signature and endorse thereon in writing in figures and in words, the FSI credit in square metres of the built-up area to which the owner or lessee is entitled, the place from where it is generated and the rate of that plot as prescribed in the Annual Statement of Rates issued by the Regulation Department for the concerned year.

2.0 CASES ELIGIBLE FOR TRANSFERABLE DEVELOPMENT RIGHTS (TDR):-

Compensation in terms of Transferable Development Rights (TDR) shall be permissible for.—

i) lands under various reservations for public purposes, new roads, road widening etc. which are subjected to acquisition, proposed in Draft or Final Development Plan, prepared under the provisions of the Maharashtra Regional and Town Planning Act, 1966;
ii) lands under any deemed reservations according to any regulations prepared as per the provisions of Maharashtra Regional & Town Planning Act, 1966.

iii) lands under any new road or road widening proposed under the provisions of Mumbai Municipal Corporation Act, 1888;

Iv) development or construction of the amenity on the reserved land;

v) unutilized FSI of any structure or precinct which is declared as Heritage structure or Precinct under the provisions of Development Control Regulations, due to restrictions imposed in that regulation;
vi) in lieu of constructing housing for slum-dwellers according to regulations prepared under the Maharashtra Regional & Town Planning Act, 1966;

vii) the purposes as may be notified by the Government from time to time, by way of, notification to, new addition of, any of the provisions of sanctioned Development Control Regulations.

3.0 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 Land Acquisition Act, 1894 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) In cases where layout is submitted along with proposed Development Plan Road, in such cases TDR shall not be permissible for the width of road that would be necessary according to the length as per Development Control Regulations;
v) If the compensation in the form of FSI/or by any means has already been granted to the owner;
vi) Where lawful possession including by mutual agreement/or contract has been taken;

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

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

4.0 GENERATION OF THE TRANSFERABLE DEVELOPMENT RIGHTS (TDR):-

4.1 Transferable Development Rights (TDR) against surrender of land.—

4.1.1 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 the very said land to be surrender and also that of land surrounding to such land at the rate as given below:-

Area under reservation	Entitlement for TDR/DR
Mumbai City area (island city)	2.5 times the area of surrendered land (Maximum 2.5)
Mumbai Suburban/Extended Suburban	2 times the area of surrendered land (Maximum 2.00)

(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 leveling of land and construction/erection of the compound wall/fencing as per Clause No. 4.1.2 to the land under surrender is not permissible as per the prevailing Development Control Regulations, the quantum of TDR shall be reduced to 1:2.35 and 1:1.85 in Mumbai City area (island city) and Mumbai Suburban/Extended Suburban area respectively:

Provided also that Additional/incentive Transferable Development Rights (TDR) to the extent of 20%, 15%, 10% and 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) within 1,2, 3 and 5 years from this notification respectively:

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/roads, Slum TDR, and Heritage TDR. Also the quantum of Transferable Development Rights (TDR) generated for D.P. Road/reservation in CRZ/BDP/HTHS/Low Density Zone/Hazardous Zone/No development Zone areas or in areas which have some natural or legal constraint on development etc. shall be as decided by the Government separately.

4.1.2 DRC shall be issued only after the land is surrendered to the Municipal Corporation, free of cost and free from encumbrances and after levelling the land to the surround ground level and after constructing/erecting a 1.5 m. high compound wall/fencing i.e. brick/stone wall up to 0.60 mt 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 Municipal Commissioner. Provided that, if on certain lands such construction/erection of compound wall/fencing is prohibited or restricted by any regulation, then quantum of Transferable Development Rights (TDR) shall be reduced as prescribed in proviso to Clause 4.1.1.

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 in regulation no.4.1.1 shall be granted without any reduction.

4.1.3 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 Municipal Commissioner 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 utilized for road side parking, garden, open space or road side amenities including bus bays, public toilets or any compatible user as the Commissioner may decide and if the such land is from the proposed reservation the same shall be included in such proposed reservation and shall be developed for the same purpose. The Municipal Commissioner shall quarterly report such cases to Government.

4.1.4 In case of lessee, the award of Transferable Development Rights (TDR) shall be subject to lessee paying the lessor or depositing with the Planning Authority for payment to the lessor, an amount equivalent to the value of the lessor’s interest to be determined by the Planning Authority on the basis of Land Acquisition Act, 1894 or the 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.

4.2 Transferable Development Rights (TDR) against Construction of Amenity:-

When an owner or lessee with prior approval of Municipal Commissioner, may develop or construct the amenity on the surrendered plot or on the land which is already vested in the Planning Authority, at his own cost subject to such stipulation as may be prescribed and to the satisfaction of the Municipal Commissioner and hands over the said developed/constructed amenity free of cost to the Municipal Commissioner 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 * 1.25

Where,

A = cost of construction of amenity in rupees as per the rates of construction mentioned in Annual Statement of Rates (ASR) prepared by the Inspector General of Registration for the year in which construction of amenity is commenced.

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.

5.0 UTILISATION TRANSFERABLE DEVELOPMENT RIGHTS (TDR):-

5.1 A holder of DRC who desires to use FSI credit therein on a particular plot of land shall attach valid DRC’s to the extent required with his application for development permission. Proposal for Transferable Development Rights (TDR) utilisation shall be submitted along with the documents as may be prescribed by the Commissioner from time to time.

5.2 With an application for development permission, where an owner seeks utilisation of DRC, he shall submit the DRC to the Municipal Commissioner who shall endorse thereon in writing in figures and words, the quantum of the TDR proposed to be utilised, before granting development permission. Before issuance of Occupation Certificate, the Commissioner shall endorse on the DRC, in writing in figures and words, the quantum of TDR/DRs actually used and the balance remaining if any.

5.3 The Transferable Development Rights (TDR) generated from any land use zone shall be utilised on any receiving plot irrespective of the land use zone and anywhere in Mumbai City area (island city) and Mumbai Suburban/Extended Suburban area. The equivalent quantum of Transferable Development Rights (TDR) to be permitted on receiving plot shall be governed by the formula given below:-

Formula: X= (Rg/Rr) x Y

Where X= Permissible Utilisation of TDR/DR in sq.m on receiving plot

Rg= Rate for land in Rs. per sq.m. as per ASR of generating plots in generating year

Rr= Rate for land in Rs. per sq.m. as per ASR of receiving plot in generating year.

Y= TDR debited from DRC in sq.m.

5.4 Utilization of Transferable Development Rights (TDR) and Road Width Relation:-

5.4.1 Notwithstanding anything contained in any regulation, the total maximum permissible built-up area and utilization of Transferable Development Rights (TDR) on receiving plot shall be, subject to the road width, as prescribed below:-

Sr.No.	Plots fronting on road width (in Meter)	Maximum permissible TDR Loading in Greater Mumbai
Sr.No.	Plots fronting on road width (in Meter)	TDR in Island City	TDR in Suburb/Extended Suburb
1.	2.	3.	4.
1.	Less than 9.00 m	—–	—-
2.	9m. and above but less than 12.20m	0.17	0.50
3.	12.20m. and above but less than 18.30m.	0.37	0.70
4.	18.30m. and above but less than 30.00m.	0.57	0.90
5.	30m. and above	0.67	1.00

Note:-

i) Municipal Corporation of Greater Mumbai shall convert all roads of width less than 9.00 m to 9.00 mt. and above as per site conditions through MR&TP Act or MMC Act provisions.
ii) Column No. 3 & 4 shows the maximum permissible TDR that can be utilised on any plot. Provided that specific area based restriction where TDR utilisation is not permissible by earlier Regulations shall remain in force except for Gaothan/congested areas.

Provided also that the above utilisation of TDR would be available to an existing road width of 9mt and above so marked under the relevant Municipal Corporation Act.

iii) FSI loading limit on such plot (Maximum Building potential) shall be the basic FSI + TDR + Additional FSI on payment of premium if any + Road widening FSI of the very said plot if any.

However, the Municipal Commissioner shall not grant any relaxation due to such allowable loading potential unless he himself satisfied that there is constraint on development.

iv) Maximum permissible TDR loading as mentioned above on any plot shall be exclusive of FSI allowed for inclusive housing if any.
v) The priority and quantum of maximum permissible TDR loading mentioned above shall include at least 20% slum TDR (wherever applicable) and DRC generated from the very said land and/or DRC generated from other location upto the permissible limit mention above.
vi) If a plot is situated on internal road having dead end within 50 mt. from the main road, then such plot shall be treated as fronting on main road for the purpose of utilisation of TDR.

5.4.2 Provided that, the restrictions of total maximum permissible built up area in terms of FSI with respect to road width mentioned above shall not be applicable in cases where, the permissible FSI is more than the basic FSI in various schemes, like Slum Rehabilitation Scheme, Redevelopment of cess buildings, redevelopment of dangerous buildings, Urban Renewal Scheme, Redevelopment of MHADA buildings/Colonies, Metro Influence Zone, BRTs, TODs etc. where specific provisions which are sanctioned by the Government shall apply.

5.4.3 Provided that, the additional FSI permissible in certain categories of buildings such as, Educational building, Registered Charitable Institutional/Medical/Hospital Building. Star Category Hotel, Religious Building etc. as per prevailing Development Control Regulations, if any can be availed either by full or part utilization of TDR or full or part utilization of additional FSI at the option of owner. However, the restriction of road width mentioned as above shall not be applicable when the owner exercises his option of availing utilization of additional FSI and in such cases limitation of maximum building potential as mentioned in regulation no. 5.4.1 shall not be applicable.

5.4.4. The utilisation of Transferable Development Rights (TDR) shall be permissible by considering Gross Plot Area excluding area affected by reservations or deemed reservation, if any. This principle shall also be applicable to the reservations to be developed under the provisions of Accommodation Reservation, by considering the total area of such reservation before surrender.

5.4.5. Areas Restricted from Utilisation of Transferable Development Rights (TDR):-

Utilisation of Transferable Development Rights (TDR) shall not be permitted in following areas:-

DRC shall not be valid for use on receivable plots in the areas listed below.—

(a) Between the tracks of the Western Railway and the Swami Vivekanand Road;

(b) Between the tracks of the Western Railway and the Western Express Highway;

(d) On plots falling within 50 m. on roads on which no new shops are permitted as specified in sub-regulation (2) of Regulation 52;

(e) Coastal areas and areas in No Development Zones, Tourism Development Zones, and areas for which the Mumbai Metropolitan Region Development Authority or Maharashtra Housing and Area Development Authority or Maharashtra Industrial Development Corporation is the Special Planning Authority.

(f) On plots housing schemes of slum dwellers for which additional FSI is permissible under sub-regulation (7), (9) & (10) of Regulation 33;

On plots for housing schemes of slum dwellers for which additional FSI is permissible under sub-regulation (10) of Regulation 33. However, in cases where non-slum plot is amalgamated with the slum plot for the purpose of better planning etc. then DRC will be receivable on the non-slum plot/non-cessed plot. In such cases utilization of DCR shall be governed as per procedure and provisions stipulated in this modified Regulation & Appendix VII-B of DCR 1991.

(g) Areas where the permissible FSI is less than 1.0.

(h) on plots situated in ‘M’ Ward except TDR generated from ‘M’ Ward and slum TDR generated elsewhere.

(i) Coastal regulation zone.

(j) Area having developmental prohibition or restrictions imposed by any notification issued under the provisions of any Central/State Act (like CRZ regulations, Defence restriction areas, etc.) or under these regulations.

6.0 GENERAL STIPULATION:-

6.1 Development Rights (DRs) will be granted to an owner or lessee, only for reserved lands which are retainable and not vested or handed over to the Government/urban Local Bodies and not exempted under section 20 or 21 of the then Urban Land (Ceiling and Regulation) Act, 1976 and undertaking to that effect shall be obtained, before a Development Right is granted. In the case of schemes sanctioned under section 20 or 21 of the said Act, the grant of Development Rights (DRs) shall be to such extent and subject to the conditions mentioned in section 20 scheme and such conditions as the Government may prescribed. In case of non-retainable land, the grant of Development Rights shall be to such extent and subject to such conditions as the Government may specify. The provisions of this Regulation shall be subject to the orders issued by the Government from time to time in this regard.

Provided that, in case of lands having tenure other than Class-I, like Inam lands, tribal lands etc. N.O.C from Competent Authority, mentioning i) share of Government and land holder ii) transfer of such land in the name of Planning/Appropriate Authority, shall be produced by the land holder at the time of submission of application for grant of TDR.

6.2 DRC shall be issued by the Municipal Commissioner as a certificate printed on bond paper in an appropriate form prescribed by him. Such a certificate shall be a “transferable and negotiable instrument” after the authentication by the Municipal Commissioner. The Municipal Commissioner shall maintain a register in a form considered appropriate by him of all transactions, etc. relating to grant of, or utilisation of DRC.

6.3 The Commissioner shall issue DRC, within 180 days from the date of application or reply from the applicant in respect of any requisitions made by him, whichever is later.

6.4 Transfer of DRC:-

6.4.1 The Commissioner shall allow transfer of DRC in the following manner:-

i) In case of death of holder of DRC, the DRC shall be transferred only on production of the documents as may be prescribed by him from time to time, after due verification and satisfaction regarding title and legal successor.
ii) If a holder of DRC intends to transfer it to any other person, he shall submit the original DRC to the Commissioner with an application along with relevant documents as may be prescribed by the Commissioner and a registered agreement which is duly signed by Transferor and Transferee, for seeking endorsement of the new holders name, i.e. the transferee, on the said certificate. The transfer shall not be valid without endorsement by the Commissioner and in such circumstances the Certificate shall be available for use only to the holder/transferor.

6.4.2 The utilisation of TDR from certificate under transfer procedure shall not be permissible, during transfer procedure.

6.5 The Commissioner may refrain the DRC holder from utilizing the DRC in the following circumstances:-

Under direction from a competent Court.
Where the Commissioner has reason to believe that the DRC is obtained a) by producing fraudulent documents b) by misrepresentation,

6.6 Any DRC may be utilised on one or more plots or lands whether vacant, or already developed fully or partly by erection of additional storeys, or in any other manner consistent with the prevailing Development Control Regulations,

6.7 DRC may be used on plots/land having Development Plan reservations of buildable nature, whether vacant or already developed for the same purpose, or on the lands under deemed reservations, if any, as per prevailing Regulations.

6.8 DRC may be used on plots/land available with the owner after surrendering the required land and construction to the Planning Authority under the provisions of Accommodation Reservation. In such circumstances, for the purpose of deciding Transferable Development Rights (TDR) receiving potential, the total area of the reservation before surrender, shall be considered.

6.9 Infrastructure Improvement Charges-

The utilizer shall pay to the Planning Authority, an infrastructure improvement charges, for a proposed quantum of TDR to be utilised, at the rate of 5% of construction cost as per the prevailing Annual Statement of Rates.

7.0 VESTING OF LAND:-

7.1 The Commissioner, before issuing DRC, shall verify and satisfy himself that the ownership and title of the land proposed for surrender is with the applicant, and get the Record of Rights to be corrected in the name of Planning Authority.

7.2 In case the Appropriate Authority for reservation is other than Planning Authority, it shall be permissible for the Commissioner on the request of such authority to grant TDR under this regulation and hold such possession as a facilitator. Provided that, the Municipal Commissioner shall handover the possession of such land to concerned Appropriate Authority, after receipt of value of land, from such Appropriate Authority as per Annual Statement of Rates prevailing at the time of handing over possession of land under reservation.

Provided also that, if such Appropriate Authority is the State Government Department, the Municipal Commissioner shall handover the possession of such land to the concerned Department free of cost.

8.0 EFFECT OF THIS REGULATION:-

a) Provision of Generation of TDR from these regulations, shall not be applicable where DRC has been issued prior to publication of these regulations. “However DRCs issued under the old Regulations shall be allowed to be utilised as per TDR zones of old Regulations without indexation but subject to all other conditions of these Regulations. Such utilisation shall be allowed for one year only.

Provided also that old TDR purchased for utilisation on a specific plot with registered documents of sale and/or specific proposal for utilisation of such TDR pending in the ULBs prior to these regulations shall be allowed completely as per the old regulations.”