Section 9 in Tamil Nadu Transfer of Development Rights Rules, 2019
9. Terms and Conditions for Utilization of Transfer of Development Rights.
(1)The Development Rights may be used in one or more sites, consistent with the development Regulations applicable to a particular site. The Development Rights generated from anywhere could be utilised on any plot subject to development regulations.(2)The holder of the Development Right Certificate shall submit the utilisation application in Form-iv:Provided that no such application shall be submitted, if application for transfer of Development Right Certificate is pending.(3)Application for utilisation of transfer of development rights shall be submitted along with the following documents, namely:-(a)Development Right Certificate,(b)..........(c)..........(4)On receipt of the application under sub-rule (2), the planning authority shall verify and satisfy itself as to the correctness of the documents submitted, permit the applicant to utilise the required development rights.(5)The equivalent quantum of transfer of development rights to be permitted on the receiving plot shall be governed by the formula given below:-(a)Transfer of development rights interms of land value in the generating site = extent of the site surrendered x 2.25 times guideline value generating site at the time of utilisation of transfer of development rights.(b)Transfer of development rights interms of floor space credit = extent of the site surrendered x 2.25 times guideline value generating site at the time of utilisation of Transfer of development rights x floor space index at the generating site.(c)Transfer of development rights valuein the receiving site = transfer of development rights value in the generating site.(6)For arriving at the development right value credit, guideline value of the land surrendered and the guide line value of the land at the utilising site shall be with reference to the calendar year of utilisation.(7)The guideline value at the time of issue of Development Right Certificate or the actual guideline value, whichever is higher, shall be considered for utilisation of transfer of development rights for 5 years from the date of issue of Development Right Certificate.(8)The transfer of development rights value may be adjusted towards regularisation charges and premium floor space index charges.(9)The transfer of development rights may also be utilised in lieu of payment of floor space index charges.(10)The floor space index at the utilising site shall not exceed normally permissible floor space index as per the development regulations and as per the directions issued by the Government, from time to time.(11)The floor space index credit shall be issued in Form V.(12)The utilisation of development rights shall be in multiples of 10 sq.mts., only except the last remainder. Any request of the transferor or of transferee for utilisation of transfer of development rights other than in multiples of 10 sq.mts. shall not be considered.(13)In case the applicant is a holder of power of attorney or limited company or corporate body or registered societies or trust, the applicant shall apply for utilisation of development right for transfer, by enclosing the registered power of attorney or relevant resolution regarding authority to file application or request for transfer, together with certified copy of the Memorandum of Association and Article of Association and / or Bye-laws. Any development right may be utilized on one or more plots or lands whether vacant, or already developed fully or partly by erection of additional storeys, or in any other manner consistent with the prevailing development regulations.(14)In case there are two planning authorities in any urban area, before permitting utilisation of transfer of development rights, no objection certificate has to be obtained from the planning authority in whose jurisdiction it is proposed to be used.(15)The transfer of development rights in favour of a Non Resident Indian or a foreign national shall be subject to rules and regulations of the Reserve Bank of India or Government of India.(16)In case of utilisation of development right jointly held, then all the joint holders of Development Right Certificate shall have to sign the application form for utilisation.(17)The planning authority may reject the application for utilisation of transfer of development rights or cancel the grant of development rights in the following circumstances, namely:-(a)If any dues are payable by the owner of the property to the State Government or Local Body prior to the date of handing over physical possession of the properties to the planning authority, the said authority on request from the State Government or Local Body may withhold utilisation of the transfer of development rights till the dues are paid by the owner of the property.(b)If the planning authority has reason to believe that the Development Right Certificate has been obtained by producing fraudulent documents or obtained by illegal title of land surrendered, shall cancel the Development Right Certificate, after giving due opportunity to the applicant.(c)The Planning Authority may suspend the Development Right Certificate, if there is dispute on the title of the land and the transfer of development rights shall be effected only after the dispute is settled.
