Section 6A in The Haryana Development and Regulation of Urban Areas Act, 1975
6A. [ Grant of Transferable Development Rights (TDR) Certificate. [Inserted by Haryana Act No. 8 of 2016, dated 20.4.2016]
(1)If the owner whose land is eligible for issuance of TDR Certificate within the urbanisable limits of any development plan, subject to such terms and conditions, as may be prescribed, makes an application on the prescribed format, for handing over the possession of such land, to vest with the Government through the Director, for all intents and purposes, free from all encumbrances, shall, notwithstanding anything contained in this Act or rules framed thereunder, be entitled to be granted TDR Certificate upon payment of such fee and charges, as may be prescribed.(2)On receipt of the application under sub-section (1), the Director, shall undertake scrutiny of such application to -(a)verify the extent, situation and title of the land;(b)ascertain conformity of the application to the prescribed parameters; and(c)initiate and examine the claims and objections in such manner, as may be prescribed.(3)After the scrutiny under sub-section (2), the Director may issue a TDR Certificate specifying the notional land, to be calculated after factorizing with the prescribed index, on which development rights may be availed subject to such terms and conditions, as may be prescribed or may reject it, citing reasons thereof:Provided that no such application shall be rejected without giving an opportunity of hearing to the owner.(4)The entitlement of development rights shall be calculated on the basis of the area of the land and its location, which on account of issuance of TDR Certificate shall vest with the Government, free from all encumbrances and without claiming compensation under any law for the time being in force:Provided that the Government may either transfer such land that has vested with it to any person or institution including a local authority for such purpose, on such terms and conditions, as it may deem fit, or enter into an exchange of the land with any other person or institution to ensure better planning, before its transfer and utilization.(5)The development rights shall only be utilizable after due approval from the Director at the time of approval of building plans and shall not be allowed to be utilized unless an entry to such effect is made in the TDR Certificate and the register/database maintained by the Director.(6)The utilization of development rights shall be subject to such limitations, as may be prescribed.(7)The Director shall maintain and periodically publish a register/database including entries of issue, transfer or utilization of development rights granted under this section in such manner, as may be prescribed.
