Transferable Development Rights (TDR)

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Questions and Answers

What is the main goal of issuing Transferable Development Rights (TDR)?

  • To compensate landowners for reserved land without monetary payment (correct)
  • To regularize unauthorized constructions
  • To control slum growth
  • To increase property tax revenue

TDR provides compensation in what form?

  • Land grant in another location
  • Tax exemption
  • Cash grant
  • Additional construction rights (FSI/DR) (correct)

What is the name of the certificate issued for TDR?

  • Ownership Deed
  • Building Permission Certificate
  • Development Rights Certificate (DRC) (correct)
  • Transfer Certificate

Which item is NOT specified on the Development Rights Certificate (DRC)?

<p>Road width of the receiving plot (B)</p> Signup and view all the answers

After an application is submitted, what is the maximum time the Authority has to issue a DRC?

<p>90 days (A)</p> Signup and view all the answers

Where can TDR typically be used?

<p>Only within the jurisdiction of the same Authority (B)</p> Signup and view all the answers

How is a DRC legally classified?

<p>Transferable and Negotiable Instrument (D)</p> Signup and view all the answers

Who can request TDR issuance when land is reserved for an authority besides the Planning Authority?

<p>That concerned Appropriate Authority (C)</p> Signup and view all the answers

Before taking possession of reserved land, what payment is due to the landowner?

<p>ASR-based land value (B)</p> Signup and view all the answers

In the context of TDR, what does ASR stand for?

<p>Annual Statement of Rates (D)</p> Signup and view all the answers

DRC contains the rate of land as per what standard?

<p>ASR (Annual Statement of Rates) (B)</p> Signup and view all the answers

How is the built-up area specified in a DRC?

<p>Both words and figures (D)</p> Signup and view all the answers

Where can TDR generated under a Municipal Council’s jurisdiction be used?

<p>Only in that Council’s planning area (B)</p> Signup and view all the answers

If the Authority fails to issue a DRC within 90 days, what is the next step for the applicant?

<p>Move to appeal or grievance cell (A)</p> Signup and view all the answers

In the TDR context, what does 'negotiable instrument' mean?

<p>It can be transferred by sale/purchase (B)</p> Signup and view all the answers

When does the planning authority receive land under the TDR scheme?

<p>After possession is handed and land value paid as per ASR (A)</p> Signup and view all the answers

What document legalizes the transfer of unused FSI?

<p>Development Rights Certificate (A)</p> Signup and view all the answers

Which scenario is NOT a basis for generating TDR?

<p>Private parking (D)</p> Signup and view all the answers

What happens if only a portion of the land under reservation is surrendered?

<p>Pro-rata TDR is issued (B)</p> Signup and view all the answers

Which law generally governs TDR in Maharashtra?

<p>MRTP Act Section 126 (B)</p> Signup and view all the answers

Flashcards

Purpose of Transferable Development Rights (TDR)

To compensate landowners when their land is reserved for public use, without direct monetary payment, by granting them development rights.

TDR Compensation Form

TDR is compensated to landowners in the form of additional construction rights, often referred to as FSI (Floor Space Index) or Development Rights.

TDR Certificate Name

The official document that certifies the allocation of Transferable Development Rights is known as the Development Rights Certificate (DRC).

DRC Contents

The DRC specifies details such as the holder's name, the location where rights originated, and the built-up area granted but not road width of receiving plot.

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DRC Issuance Time Limit

The authority must issue the Development Rights Certificate (DRC) within 90 days from the date of application.

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TDR Usage Area

TDR can be utilized within the same authority's jurisdiction where it was originally generated.

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DRC Legal Status

In the context of TDR, the DRC is considered a transferable and negotiable instrument, allowing it to be bought, sold, or otherwise transferred.

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Who Requests TDR Issuance

The concerned Appropriate Authority is eligible to request issuance of TDR when land is reserved for an authority other than the Planning Authority.

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Pre-Possession Payment

Before taking possession of land reserved for public use, the landowner must be compensated with ASR-based land value.

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ASR Meaning

ASR stands for Annual Statement of Rates in the context of TDR, which is used to determine the land value for compensation.

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DRC Land Rate Basis

The DRC specifies the land rate as per the Annual Statement of Rates (ASR).

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DRC Area Format

The built-up area in the Development Rights Certificate (DRC) is mentioned both in words and figures to avoid discrepancies.

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Municipal TDR Usage

TDR generated under a Municipal Council’s jurisdiction can only be used within that specific Council’s planning area.

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Action if DRC Delayed

If the Authority fails to issue the DRC within 90 days, the applicant should move to an appeal or grievance cell for resolution.

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"Negotiable Instrument" Meaning

In the context of TDR, 'negotiable instrument' means the DRC can be transferred through sale or purchase.

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Land Transfer Condition

The planning authority receives land under TDR only after possession is handed over and the land value is paid as per ASR.

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Document Legalizing FSI Transfer

The Development Rights Certificate (DRC) is the legal document that formalizes the transfer of unused FSI.

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Basis for Generating TDR

Private parking cannot be a basis for generating TDR.

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Partial Land Surrender

If only partial land under reservation is surrendered, a pro-rata TDR is issued, meaning TDR is granted in proportion to the land surrendered.

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TDR Governing Rule

The MRTP Act Section 126 generally governs TDR in Maharashtra.

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Study Notes

Transferable Development Rights (TDR)

  • The primary purpose of issuing TDR is to compensate landowners for reserved land without monetary payment.
  • TDR is compensated in the form of additional construction rights, such as FSI/DR (Floor Space Index/Development Rights).
  • The certificate issued for TDR is called a Development Rights Certificate (DRC).
  • The road width of the receiving plot is not mentioned on the DRC.
  • The maximum time within which the Authority must issue a DRC after application is 90 days.
  • TDR can be utilized only within the jurisdiction of the same Authority.
  • A DRC is considered a Transferable and Negotiable Instrument.
  • The concerned Appropriate Authority is eligible to request the issuance of TDR when land is reserved for an authority other than the Planning Authority.
  • Before possession of land for reservation, ASR-based land value must be paid to the landowner.
  • ASR stands for Annual Statement of Rates in the context of TDR.
  • The DRC contains the rate of land as per the Annual Statement of Rates (ASR).
  • The built-up area in the DRC is mentioned in both words and figures.
  • TDR generated under a Municipal Council’s jurisdiction can be used only in that Council’s planning area.
  • If the Authority does not issue a DRC within 90 days, the applicant should move to an appeal or grievance cell.
  • The term "negotiable instrument" in the TDR context implies that it can be transferred by sale or purchase.
  • The planning authority receives land under the TDR scheme only after possession is handed over and land value is paid as per ASR.
  • The Development Rights Certificate (DRC) legalizes the transfer of unused FSI.
  • Private parking cannot be a basis for generating TDR.
  • If partial land under reservation is surrendered, pro-rata TDR is issued.
  • The MRTP Act Section 126 generally governs TDR in Maharashtra.

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