(1) In certain circumstances, the development potential of the whole or a part of the plot/site may be separated from the land itself and may be made available to the land owner in the form of Transfer of Development Rights excepting in the case of existing or retention users, or any compulsory reservation of space for public or recreational use or Economically Weaker Section/social housing, etc., in the cases of sub-divisionsAayouts/special buildings/group developments/multistoreyed buildings or such other developments prescribed in the development regulations.
(2) Transfer of Development Rights shall apply to cases, where a private land is required for--
(i) any road widening/any road formation as proposed in the Master Plan/New Town Development Plan or Detailed Development Plan;
(ii) any traffic and transport infrastructure development such as bus stops/stands and related transport infrastructure ;
(iii) any urban infrastructure development such as water supply, sewerage, drainage, electricity, education, health, notified by the State Government department or Government agency or local body.
(3) These rights may be made available and be subject to the regulations as given by Government provided that in cases of slum (including pavement dwellers) rehabilitation schemes on private lands executed by a private developer/society/NGO, the award of Transfer of Development Rights for Floor Space Index (FSI) may be considered subject to such guidelines and conditions as may be decided by the Government.
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(i) 3In cases of slums on waterways, road margins or any other landbelonging to the Government departments or agencies, as the slum dwellers do not own these lands, the regulation for Transfer of Development Rights is not applicable.
Considering the safety and enhancement, the slum dwellers who live in such areas need to be resettled and rehabilitated. Further, in certain cases, some of the slum dwellers in other non-objectionable areas also need to be resettled and rehabilitated, as the lands are required for carrying out infra-structure projects or for any other public purpose. In these cases, Special Transfer of Development Rights (Special TDR) for 30 square metres of floor area per slum dwelling resettled can be awarded to those private developers who provide alternate accommodation to them, subject to guidelines given in the Schedule XL
(ii) The appropriate Planning Authority shall formulate necessary guidelines, prescribe necessary forms and decide on the principles including parameters to be followed for the purpose of implementing the said Special Transfer of Development Rights subject to the guidelines given in the Schedule XL]