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[Cites 0, Cited by 0] [Section 14A] [Entire Act]

State of Karnataka - Subsection

Section 14A(28) in Karnataka Town and Country Planning Act, 1961

(28)Every Transaction pertaining to issue, utilization or transfer of Development Rights and the Transferable Development Rights Fund of the Planning Authority created under sub-section (11) shall be audited every year by such officer as may be prescribed. The audit report alongwith compliance shall be sent to the Government by the concerned planning authority and the Government shall place the same before both the houses of the State legislature.{see sub-section (1)}Quantum of Development Rights Admissible
SI. No. PURPOSE FOR WHICH LAND SURRENDERED DEVELOPMENT RIGHT ADMISSIBLE
1. Land Development Rights  
  (i) Any road widening/any road formation asproposed in Master Plan or as proposed by the Local Authority orDeveloping Authority.  
(ii) Any infrastructure Projects approved by theGovernment (Transportation Water Supply, Sewage, Electricity,etc.,..) Development Right inthe form of "Notional land" which shall be equal to:(a) two times of theArea surrendered;(b) two times of the total area surrendered, incase the remaining area after surrendering the required portionfor public purpose has become incapable of reasonable beneficialuse.
(iii) Providing for parking, parks, play groundsand open spaces or any other public places proposed in the MasterPlan or proposed by Local Authority
(iv) Providing EWS/LIG/affordable housing.
(v) Any other public purpose notified by theGovernment from time to time
2. Building Development Rights  
  All types of authorized buildings Development Rights inthe form of notional land which shall be equal to one time theland area derived by dividing the value of the building/portionof the building surrendered, by the market value of the land/ploton which the building is situated.The method of valuation of building shall be asprescribed.
Note. - The Development Rights in the form of 'Notional Land' shall be multiplied by the permissible Floor Area Ratio of the plot where Development Rights or transferable Development Rights is proposed to be utilized, to derive the additional Floor Area eligible for that plot due to utilization of Development Rights or Transferable Development Rights.Explanation. - for the purpose of this section,-
(a)"Area" means land/plot or land and building/portion of building thereon.
(b)"Deposition Amount" means the amount to be remitted by any Public Authority intending to acquire the area falling within the jurisdiction of the Local Planning Area. This amount shall be equal to the market value of the area to be acquired;
(c)"Development Rights (DR)" means the right given for development of land within the Local Planning Area in the form of "Notional Land" to an owner who surrenders the area of land or building required for public purpose without claiming any compensation.
(d)"Development Right Certificate (DRC)" means the certificate of Development Rights issued to owner;
(e)"EWS/LIG" means such class of person as may be notified by the State Government from time to time;
(f)"Floor Area" means the floor area defined in the respective Zonal Regulations;
(g)"Market value" means the value determined as per the guidance value of land in accordance with a section 45B of the Karnataka Stamp Act, 1957;
(h)"Notional Land" means the Development Rights in the form of theoretical land area and not in the form of real/physical land area, in lieu of compensation;
(i)"Public Authority" means the Planning Authority, Local Authority or an authority or a body owned and controlled by the State Government, Central Government or by both State and Central Government jointly having Authority by laws to acquire, hold and dispose of property together;
(j)"Public purpose", means and includes for the purposes of,-
(i)Any road widening/any road formation as proposed in Master Plan or as proposed by the Local Authority;
(ii)Any Infrastructure projects approved by the Government (Transportation, Water Supply, Sewage, Electricity, etc.,..)
(iii)Providing for parking, parks, playgrounds and open spaces or any other public places proposed in the master plan or proposed by Local Authority except cases under Section 15 and 17;
(iv)Providing EWS/LIG/affordable housing; and
(v)Any other public purpose notified by the Government from time to time."
(k)"Transferable Development Rights" (TDR) means the Development Right given in the form of 'Notional Land' to an owner, which can be sold or disposed or utilized elsewhere in the Local Planning Area. The DR of the 'Area' surrendered in the form of 'Notional Land', shall be permitted as TDR only after factorizing the Market Value of the Originating Plot and the Receiving Plot, as specified in the Terms and Conditions.]]