(1) After the applicant has fulfilled all the conditions laid down in rule II to the satisfaction of the Director , the Director shall grant the licence in form LC-V.
(2) The licence granted under sub-rule 1) shall be valid for a period of two years from the date of its grant during which period all development works in the colony shall be completed and certificate of completion obtained from the Director as provided in rule 16.
143 [12A. Grant and utilization of Transferrable Development Rights (TDR) Certificate:-
(1) Any landowner, whose land is free from all encumbrances andis designated for a purpose, which is eligible for grant of TDR Certificate, may apply inForm TDR-I for grant of TDR Certificate alongwith scrutiny fees at the rate of Rs 10 per Square meterfor the applied land alongwith following documents, namely: - 142 Inserted by Hr. Govt. Gaz. Final Notification No. PF/70/ 20541dated 29.8.2014 143 Inserted by Hr. Govt. Gaz. Notification No. PF-69/2016/23910 dated 31.10.2016 at page 5923 and further substituted vide Misc-454/2023/7/1/2023-2TCP dated 24.07.2023.
[50] i. title of land ii. ownership certificate verified from concerned Deputy Commissioner.
iii. location map showing the existing means of the access to the applied land.
iv. undertaking to transfer the title and possession of such land on demand to the Government through the Director for all intends and purposes and free from all encumbrances.
v. indemnity bond in favour of Director, protecting the Director against any dispute that raised on such land in future.
vi. undertaking that no claim for the land applied for TDR shall be made in case the balance land of the applicant is acquired at later stage.
vii. any other document as demanded by the Director.
Provided that no existing licenced land or part of it shall be considered for surrender or for migration, for the purpose of grant of TDR Certificate.
(2) Upon scrutiny of TDR application, in case the Director is satisfied, a provisional offer shall be issued, calling upon the applicant among other things to transfer the title of such land in favour of the Government through Director, by way of a “conveyance deed”, within a period of ninety days. The possession of land shall also be handed over to such officer as authorized by the Government.
(3) The TDR Certificate shall be issued after factorising the notional land value of such land and assigned FAR,to be calculated based on the landuseindexprovided below:- Serial Number Land use of surrendered land Land Use Index i. (a) Land/site designated as SRGB; 2.00
(b) (i) SPRP in Residential/ Commercial/ Special zone or in multiland-use sectors which though not falling in Res/Comm/Spl zone serve the residential/ commercial/ special zone/ Land use
2.00
(b) (ii) SPRP in Industrial/Public & Semi Public Zone or in multi-land use sectors which though not falling in Industrial/ Public & Semi public zone serve the industrial/public & semi public zone/land
2.00 [51] use ii. (a) All EDC works sites approved in the sectoral plan
1.75
(b) Open space zone other than any included above
1.75 iii. Public & Semi Public zone (PSP) 1.5
Provided that the Director may refuse such application to grant TDR Certificate citingreasons thereof, after grant of an opportunity of hearing before rejection, if he is satisfied that the desired requirement to grant TDR do not get fulfilled.
(4) The TDR Certificate(s) shall be granted and utilized subject to the following conditions, namely: -
(i) the TDR Certificate(s) can be utilized in the same Development Plan and shall be freely transferable in the open marketmultiple times to any person intending to utilize the same in their existing colony/project,till it is utilized or extinguished.
(ii) every such TDR Certificate that is issued shall carry an FAR of
2.0
(iii) the colonizer/ project proponent intending to utilise the TDR certificate through increase in FAR of its project by amendment in the zoning plan shall be liable to deposit the following charges, as applicable on the date of utilizing the TDR Certificate: - a. Infrastructure Augmentation Charges-Transferrable Development Rights (IAC-TDR) at rates, as specifiedin Schedule- B1;
b. EDC against the increased covered area at such rates as specified by the Government for different uses;
c. Infrastructure Augmentation Charges-Transit Oriented Development,as specified in Schedule-B, for such projects where the additional FAR is utilized on projects that have already availed the benefit of Transit Oriented Development.
(iv) the said charges i.e., Infrastructure Augmentation Charges- Transferrable Development Rights, External Development Charges, Infrastructure Augmentation Charges-Transit Oriented Development, as applicable, shall be recovered at the time of amendment in zoning plan.
(v) the charges i.e., Infrastructure Augmentation Charges- Transferrable Development Rights, External Development [52] Charges, Infrastructure Augmentation Charges-Transit Oriented Development, as applicable, shall be recovered on the increased covered area based on the notional land of the receiving site.A TDR certificate not being a licence, no additional licence fees, conversion charges or Infrastructure Development Charges, as prescribed in the Act for the purposes of grant of licence shall be recovered.
(vi) in case of an existing colony where the benefit of increased FAR and/or density is proposed to be availed: -
(a) revision of Zoning clauses to the extent that it depicts the increased FAR shall be required.
(b) the prevailing instructions, as amended from time-totime, regarding seeking objections from existing allottees for approval of revised building plans shall continue to be applicable.
(c) fresh Structural Stability from reputed institutions like National Institute of Technology (NIT), Kurukshetra or Indian Institute of Technology (IITs) shall be required to be procured
(vii) no relaxation in setbacks and ground coverage shall be permitted
(viii) the TDR certificate shall stand extinguished as and when an application is received for its utilization through revision of zoning plan.
(ix) for the purpose of availing the benefit of development rights on the site receiving the TDR, the 'notional land of TDR Certificate' shall be converted into 'notional land of the receiving based on formula
(x) any other terms or conditions, as the Director may deem fit.
(5) The Director shall maintain the details of TDR Certificate(s) granted, transferred and utilized through a manual register or in thedigital format prescribed in Form TDR-II publishing such details on the website of the Department.
144 12B. Maintenance of account for External Development Charges [Section 3(3)(a)(ii)].—
1. The Director or any other Government agency or local authority receiving external development charges shall maintain a 144 Inserted by Hr. Govt. Gaz. (Extra.) Notification No. 2821 dated 31.01.2019 [53] development plan-wise account statement for all such receipts. The external development charges received against any specific project in a given development plan shall be utilised for provision of external development works in the said development plan area.
2. In case, the amount is received against external development charges by any Government agency or local authority other than the Director, it shall be the responsibility of such Government agency or local authority to maintain the development plan wise account statement for the amount received by them.
3. Such account statement shall be updated on monthly basis and hosted on the website of the Town and Country Planning Department and the concerned Government agency or local authority for the purpose of information of all concerned.]