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Rule 34 of the
Development Control Regulations for Greater
Bombay,1991 defines TDR which stands for
Transferable Development Rights as under: ‘In
certain circumstances, the development
potential of a plot of land may be separated
from the land itself and may be made available
to the owner of the land in the form of
Transferable Development Rights. These rights
may be made available and be subject to the
Regulations in Appendix VII hereto. Appendix
VII lays down the rules for the grant of
Transferable Development Rights to
owners/developers and conditions for grant of
such rights: 1. The owner (or lessee) of a
plot of land which is reserved for a public
purpose in the development plan and for
additional amenities deemed to be reservations
provided in accordance with these Regulations
excepting under certain conditions shall be
eligible for the award of TDR in the form of
Floor Space Index(FSI) to the extent and on
the following conditions set out below. Such
award will entitle the owner of the land to
FSI in the form of a Development Rights
Certificate (DRC) which he may use himself or
transfer to any other person. 2. Subject to
Reg.1 where a plot of land is reserved for any
purpose specified in S.22 of Maharashtra
Regional and Town Planning Act,1966 the owner
would be eligible for DR’s to the extent
stipulated in Rules 5 & 6 in this Appendix
after the said land is surrendered free of
cost or after completion of development.
3.TDR’s will be available only for prospective
development of reservations. 4.DRC’s will be
issued by the Commissioner himself giving
details of FSI credit. 5.The built up area for
the purpose of FSI shall be equal to the gross
area of the reserved plot to be surrendered.
6.When the owner or lessee also develops or
constructs the amenity on the surrendered plot
at his cost, he may be granted a further DR in
the form of FSI equal to the area of the
construction/ development done by him.
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