Origin of TDR:
The concept of transferable development rights (“TDR”) was introduced in 1916, in New York City, following which many of the countries across the globe followed suit. In India, TDR has been implemented in metropolitan cities such as Mumbai, Bangalore, Chennai and Kolkata.
TDR provides an additional built up area to the landowner in lieu of the landowner relinquishing / surrendering land without any cost to the local body / urban development authority for public purposes such as road widening, open spaces, parking spaces, parks, etc.
The State of the Telangana also adopted the concept of TDR[1] vide the building rules notified under Government Order bearing GO Ms. No. 168, dated April 7, 2012 and amended by GO Ms. No. 330, dated December 28, 2017 (“TS Building Rules”) which inter-alia govern the rules in respect of the TDR.
Grant of TDR Certificate:
Rule 17 of the TS Buildings Rules makes provision for awarding TDR certificates[2]. A TDR certificate is issued only to the landowner, when the land is transferred to a local body / urban development authority for public purposes without any cost, by way of registered Gift Deed[3]. Further, TDR is not allowed for unauthorised buildings / structures / constructions and is considered only after the land is vested with the local authority / urban development authorities.
Circumstances for Issuance of TDR:
The circumstances whereby the landowner can avail the benefit of TDR are outlined below:
The government prepares the master plan for the urban areas for carrying out developments and infrastructure for public purposes and for the same, it may require acquisition of the land for road widening, for construction of parking complexes and parks. In such situations, it becomes compulsory for the local body / urban development authority to acquire land from the landowners for the aforesaid purposes. Acquisition of land under the land acquisition procedure may result in the government paying higher compensation and can impasse the construction and development for many years and the landowners’ land can get locked under the land acquisition proceedings. Therefore, to avoid cumbersome procedure for acquisition of land, the local body/urban development authority has introduced the concept of issuing the TDR to the land owners, pursuant to issuance of TDR, the land owner is entitled for construction of 2 (two) additional floors over the normal permissible floors without insisting for additional setbacks, in the remaining area of the site, or on the other property owned by the land owner within the concerned local body area, subject to compliance of the other norms or sell the TDR granted to the land owner to a person interested in buying the TDR. If the land is acquired from the landowner for road widening, the local body / urban development authority will consider for grant of TDR equivalent to 400% (four hundred percent) of built up area of such area surrendered/relinquished[4];
Tatva Legal, Hyderabad has a specialized team of lawyers who, amongst other services, advise on real estate transactions covering various aspects of the transaction such as general real estate transation adviosry, cross border real estate transactions and title due diligence .
Eldeco MD Pankaj Bajaj believes the land acquisition is the major bottleneck, though finances seem to be queuing up.
He is concerned over the sale of houses which are being developed in numbers but on the outskirt of the city.
Solo Airport Train - The plan of operation of the airport train is some times delayed from the previous schedule in 2018, October 2019 and December 2019 due to land acquisition problems and a trajectory which is not yet completed.
"The unfinished path to the toll road, it's right there is a path that should be moved to be elevated," said Minister of Transportation Budi Karya Sumadi during the review of the project construction of the railway Station the International Airport Adi Soemarmo, Solo, Sunday (3/11).
The project is expected to improve connectivity antarmoda from Adi Soemarmo Airport to the Station of the Race, even continued with the route to Yogyakarta and Kutoarjo.
"Indeed the time is very short, but this morning I reiterate should not retreat from 2018," the president said in the inauguration of the project, in Solo, as reported on the page of Setkab.go.id on 8 April 2017.
He asked the regents and mayor in the region crossed by the project can overcome the obstacles of land acquisition so that the project runs smoothly.
As reported by Solopos.com rates for the route Solo Airport-Yogyakarta Rp 30 thousand, while the rates for the route Airport Solo-Kutoarjo Rp 40 thousand per passenger.
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