Land Acquisition
Act, 1894 Floor Space Index (FSI) or Transferable
Development Rights (TDR) against the area of land
surrendered free of cost and free from ... owner of the land in the form of
Transferable Development (TDR). These Rights may be
made available and be subject to the Regulations in
Appendix
lakh sq.ft. and by respondent Nos. 1 to 10 making available TDR to the extent of balance 1.00 lakh sq.ft. which would ... generated from the larger portion of the property or by acquiring slum TDR from the market if required. Pursuant to this agreement the joint development
Pune. A concept of Transfer of Development Rights (for short
'TDR') was introduced in the Regulations of Greater Bombay and the
object ... facilitate acquisition of land
for public purposes. The concept of TDR operates in the following
manner :-
"The owner or the lessee of the plot
land owner for grant of monetary
compensation or grant of TDR/FSI in lieu of
compensation, can the land owner withdraw his
request and thereby ... approval or passing of
resolution by the authorities concerned for grant
of TDR in lieu of monetary compensation be
treated as a step for acquisition
mtrs. was available with the society
togetherwith the right to consume potential TDR admeasuring 30,869.54 sq.mtrs.
in respect of the said entire property ... grant and assign the FSI of the said balance area and
said TDR right for further development of the said larger property to the interested
being the
expenditure incurred for purchase of transfer of development rights (TDR)
and payment of royalty to PCMC) without appreciating that the actual
expenditure incurred ... expenditure on payment of premium to PCMC
on account of purchase of TDR and therefore, the assessee submits that
she should be allowed deduction
respondent-writ petitioner, a housing society, to Transferrable Development
Rights (TDR) under the relevant Development Control Regulations (DCR) i.e.
N-2.4 framed under ... being shown as an existing garden therein,
the claim to TDR has no legal basis. There are additional grounds for the
rejection, details whereof will
this behalf provide”
A Transferable Development Right (hereinafter referred to as ‘TDR’) is
therefore a voluntary, incentive-based programme allowing land owners to
sell development ... alternate mode of compensation, instead of payment of money is TDR, which
is nothing but a development potential, in terms of increased Floor Space
Index
that the said order provides that
where the developer intends to use TDR for further development in the
project wherein a part construction has been ... Society, the
developer would not be entitled to load the TDR on the FSI already
utilised for construction of the part buildings which are occupied
develop on the said construction by utilizing or consuming Transferable Development Rights (TDR) of 1.6 lakhs sq.fts. acquired by respondent No. 7. This grant ... commanding respondent Nos. 2 to 6 to forthwith revoke the order allowing TDR acquired by respondent No. 7 to be used on the said property
