| TRANSFER
OF DEVELOPMENT RIGHTS |
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 (TDR). These Rights may be made
available and be subject to the Regulations mentioned below.
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The Owner (or lessee) of a plot of land
which is reserved for a public purpose in the development plan excepting
in the case of an existing or retention user or any required compulsory
or recreational open space, shall be eligible for the award of
Transferable Development Rights (TDRs) in the form of Floor Space Index
(FSI) to the extent and on the 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.
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However in case of lessee who shall pay
the lessor or deposit with the Planning Authority/Development Authority
or Appropriate as the case may be, for the payment to the lessor, an
amount equivalent to the value of the lessors interest to be determined
by any of the said authorities considered on the basis of Land
Acquisition Act, 1894, FSI or TDR against the area of land surrendered
free of cost and free from all encumbrances will be available to the
lessee.
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Subject to the Regulation 29.1 above,
where a plot or land is reserved for any purpose specified in section 22
of Maharashtra Regional & Town Planning Act, 1966, the owner will be
eligible for Development Rights (DRS) to the extent stipulated in these
Regulations after the said land is surrendered free of cost and after
completion of the Development or construction as per these Regulation if
he undertakes the same.
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