t2 gfl{: ,r+fl 3I{IIEIRuI rMd, 23 3f,Ir{fl, 2022 IN exercise of the powers under clause (0 of section 57 read with clause (d) (xii) of sub-section (2) of section 9 of the Uttar Pradesh Urban Planning and Development Act, lg73 (Presidet's Act no. I I of 19731, the .......... ....... Development Authority hereby makes the following bye-laws, namely :-, THE . DEVELOPMENT AUTHORITY (GRANT OF TRANSFERABLE DEVELOPMENT RIGHTS) BYE-LAWS, 2022 Short title. extent l. (l ) These bye-laws may be called the .......... Development Authority ]ll-"n""*.r, (Grant of Transferable Development Rights) Bye-law s,2022.
(2) They shall extend to the development area of ............
(3) They shall come into force on the date of their publication in the Gazette.
Definitions 2. In these bye-laws unless the context otherwise requires :-
(l) 'Act' means the Uttar Pradesh Urban Planning and Development Act, 1973:
(lI) 'Amenity' includes road, park and open space, green belt and/or any other public works including facilities, services, utilities and conveniences as designated in the plan or the Government may, by notification in the Gazette specify to be an amenity for the purposes of these bye-laws;
(III) 'Applicant' means a person who makes an application to the authority for the grant of TDR;
(fU 'Authority' means the Development Authority constituted under section 4 of the Act;
(V) 'Basic FAR' means the free-of-cost FAR permitted by the authority as per the applicable Building Bye-laws;
(VI) 'Development'with its grammatical variations, means the carrying out of building, engineering, minig or other operations, in, on, over or under land, or the making of any material change in any building or land and includes redevelopment;
(VII) 'Development Area' meand the ......... development area declared under section 3 of the Act;
(VIID 'Development Right Certificate' (hereinafter referred to as DRC) means a certificate issued by the Vice-Chairman which entitles the owner of the land to additional or increased FAR in the form of TDR which he may use himself or transfer to any other person in accordance with these bye-laws;
(IX) 'Floor Area Ratio' (hereinafter referred to as FAR) means the quatient obtained by dividing the total covered area (plinth area) on all floors by the area of the plot;
(X)'Governmemt'means the Government of Uuar Pradesh;
(XI)'Municipal Area'means the notified area of a Municipal Corporation or a Municipal Council or a Municipal Panchayat;
(XII) 'Owner' inciudes any person whose name is recorded as owner of the land or building or part thereof in the records of the authority concerned;
(XIID 'Plan' means the master plan or the zonal development plan prepared under section 8 and 9 of the Act, respectively;
(ruU 'Prclerty' {neans the land and or building on any plot;
510 RPH (Awas & Shahri Niyojan-3) (Niyamavali) 2022 data 4e g(ilt q-ey[ oISIqlq.T .ture, 23 ci-.rkl, 2022 t3 (XV) 'Transferable Development rights' (hereinafter referred to as TDR) means the separated development potential of a parecl c-f land which is made available in the form of compensatory FAR to the owner of thc land on such terms and conditions as specified under these bye-laws;
{XVI)'Vice-Chairman' means the Vice-Chairman ofthe Devclcrpment Authority.
3. Entitlerncnr to TDR shall be in the following circumstances :-
(l) Where any land is reserved for an amenity in the plan, the owner ol such land shall be eligible for the award of fbR provitled such lanrJ is surrcndered to the authotity free-of-cost and free from ali encumbrances :
Provided that the floor area (FAR credit) for the purpose of TDR shall bc equal to - Area of land surrcndered x 2 x N{ultiplication Factor.
Explanatio,I :- Itlultiplication Factor shall be arrived at by dividing rhe:
current circle rate of the land surrendered with the current circie rate of land where TDR is proposecl tr: he utilized.
(ll) The record of rights shall be corrccted for free-of-cost transfer of'land in the name of the authority which shail be exempt from payment of sramp duty:
(lll.1 Arvard of TDR shall entitie the applicant to addirional floor area in the form of DRC which he may use.himselfl or transfer to any other person in accordance with these bye-laws:
(lV) TDR shall be granted by the Vice-Chairman after assessing the local conditions or needs. It shall not be available to the applicant as -a right or deemed in circumstances stated in clause (l) above :
Provided that in case of refusal of TDR, the Vice-Chairman shall inform the applicant in writing within thirty days of receiving the application the reasons for not granting the TDR.
(V) Any land prohibited by order of any Court or subjutlice in any manneror land under acquisition under the Right to Fair comp.rrriio, and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law for the time being in force, shall not be eligible for grant of TDR.
-.r' rrrlir:wi:,s procetlurc shall be 1bllwed for the grant of TDR :-
(l) Whenever the authority is of the opinion that it is expedient to construct or develop an amenity earmarked in the plan the authority itralt serve a notice on the owners of such land in such form and in such manner as may be specified by the authority;
(ll) The applicant shall apply for the grant of TDR to the Vice-Chairman on the prescribed format (Appendix-A) within 30 days from the receipt of the notice;
(lll) Aprocessing fee of Rs. r,000/- (Rupees one Thousand only) shall be payable along with the application;
(iV) 'X'he TDR shall be granted orr the recommendation of a committee eonstituted under the chairmanship of the Vice-Chaiffnan consisting of following mcrnbers :- Chief town and eouptry ptranner, Uttar Pradesh or his rank cf Assoeiater'Town plannerrepresentatiize not beiorv the Chief Engineel'trn-charge cf Engineeiing Sectian of the .\r;thcrit r i.eercsertative of tl:e tJistnct Magistrate :-:eit beiow thc rank of 1.i ftlemDer IS rib- Di.;isionai fujagi srrate :, chiei Torvn Planneriln-charge cf Flanning section of the Mere-''er- ConvenerAuthorit Jlntitlenrent ro I'IJR procedurc foi grant of TDR 510 RPH (Awas & Shahri Niyojan-3) (Niyamavali) 2022 data 4e l4 BTI{ q-eyr ci-{iltTl{q qurd, 23 orrTkT, 2022 (V) The DRC shall be issued by the Vice-Chairman or any officer of the authority empowerd by him in that behalf and would be specifi"a in acbrdance with these bye-laws :-
(a) the FAR credit in square meters of floor area in figures and in words;
(b) the current circle rate of land to be surrendered by the owner;
5 (lID, respectively.
(VI) The DRC shall be issued provided that no DRC shall be issued I equal to fifty square meters;
(VID The DRC shall be maintained in the Demat account using block-chain technology. A DRC shall be issued on the prescribed format (Appendix-B) and will be a transferable "negotiable instrument" after due authentication by the Vice-Chairman;
ryIID The Vice-Chairman shall issue the DRC after the Record of Rights of the landto be surrendered by the applicant in lieu ofTDR, has been corrected in the name of the authority :
Provided that the Vice-Chairrnan shall issue the DRC in accordance with the provisions of these bye-laws within thirty days from the date of correction of the Record of Rights.
5' (D In case a DRC holder intends to transfer it to any other person, he shall submit the application to the Vice-Cairman for an endorsement oithe new holder,s name, i'e' transferee on the said certificate. If the applcation fulfills the conditions required for transfer of DRC, the vice-Chairman shall direct the applicanr to produce the Di.C along with duly registered document relating to transfer of develop*.r, rights. On production of DRC along with duly registered document, the Vice-Chairman shall endorse the new holder's name, i.e., transferee on the said certificate :
Provided that for every transfer of DRC either in full or in part, a transfer fee of Rs' 1,000/- (Rupees One Thousand only) per DRC shall be payable to the authority by the holder of DRC.
(II) A holder of a DRC who desires to use the TDR on a particular plot of land, shall attach the valid DRCs to the extent required with his applicatio, io, building permission;
(III) The TDR may be utilized in residential (group housing), commercial, mixed, offices' institutional and community facilities lanJuse by multillying with the co-efficient prescribed for the receiving land use as given below :_ . OtO..r, rnr, o Mixed use . Commercial Co-efficient
4.70
0.60
0.50
0.40
Provided that utilization of DRC shall not be permitted in the agricultural, recreational, plotted residential or row housing and industrial land use proposed in the plan:
Provided further that the authority shall delineate the TDR 'sending, and 'receiving'zones in the plan with the approval of its Board.
(c) the multiplication factor and utilization of TDR at other locations the co-efficient for computation and as provided under bye-law-3 (l) and in the multiples of fifty square meters for a land area or part thereof less than or Terms and conditions for utilization of DRC 510 RPH (Awas & Shahri Niyojan-3) (Niyamavali) 2022 data 4e sf,{ r+eT srgtqlquT rlurd, 23 3rrkT, 2022 t5 (lV) Where an applicant seeks utilization of a TDR, he shall submit the DRCwith the application for building permission to the vice-chairrnan, who shall endorse thereon r'rriting in figures and words, the DRC proposed to be utilized" before granting building permission antl DRC shall be deemed to have been utilized with the approval ofbuilding plan. Thc DRCI holder shall submit utilization form on the prescribed format (Appendix-C);
(v) Utilization of DRC shall be charged @ of Rs. 5/- (Rupees Five ojly) per square meter subject to minimum of Rs. 1,000/- (Rupees one Thousand only);
(vD utitization of DRC shall be permitted on the recommendation of thecommittee constituted under bye-law-4 (v). The committee shall make its recommendation after examining the efficacy of existing infrastructure especially roadwidth, water supply, sewerage and drainage or scope for augmentation/strengthening thereof commensurate with utilization of TDR;
(vD DRC may be used in one or more plots of land whether vacant or underconstruction or built by the erection of additional storeys or in any other manner consistent with these bye-laws subject to compliance of set-backs, parking, structuralsafety' fire safety and other building requirements as per the applicabel Building Bye-laws. provisions of the Uttar Pradesh Apartment (promotion of Construction,ownership and Maintenance) Act. 20lo and the Real Estate (Regulation andDevelopment) Act, 2016 and rules made thereunder;
rylrl) DRCs may be used in the built-up area', 'developed area, and ,new orundeveloped area' as earrnarked in the plan. The maximum limit for utilization of DRC (as precentage of basic FAR) based on road width in receiving land uses shall be as givenlrDelow:-
Provided that the maximum be equal to the maximum limit of Building Bye-laws.
limit for utilization of DRC in terms of FAR shall purchasable FAR as laid down in the applicable (IX) Proportionate increase in density in the receiving plot shall be permitted over and above the applicable density norms; .
(X) Utilization of DRC shall not be permitted in illegal buildings or structures orconstructions or plots forming part of illegal sub-division of land;
(XI) The vice-chairrnan may refuse to permit utilization of.DRC in thefollowing circumstances :-
(a) where the vice-chairman has reason to believe that the transfer forutilization of DRC has been obtained by fraudulent means or misrepresentation of facts;
(b) where the appliication is not duly accompanied by original DRc;
(c) Where the utilization application is not duly signed by the transferor and transferee;
(d) where the utilization application does not comply with other terms and conditions laid down under these bye-laws.
Eristing road width (Meters) Maximum limit for utilization of DRC (As percentage of basic FAR) Built-up area Developed area NeilUndeveloped area Not permissible Above 12 but up to 18 Above 18 510 RPH (Awas & Shahri Niyojan-3) (Niyamavali) 2022 data4e t2 20% Not permissible 30% 33% 33% 40% s0% s0% 16 gd-{ q-t$ 3i-gTEII{q TI',rd, 23 3r{N1i, 2022 (XII) In case of death of a DRC holder, the DRC shall be translbrred only on production of wilii survivor C-ortificate/lnheritance CertificateiHcirship Certificatei Succession Certiticate and/or probate of a rvill, wherever applicable. Names of the legal heirs shall be included in thc DRC only after production of aforesaid documents, as applicable" (XIII) V/hcre the DRC holder is a ntinor, no permission for transfbr for utilization shall be consitlcred rtnless the application is made by the guarclian appointed by the Couft;
(XIV) 'flie Vice-Chairman shall review fiom time to time the demand and supply of DRC in th"' market and may intervene as and when required for smooth opcrations of the TDR market.
6. (l) Thc utilization of DldC shall be in the multiples of fift,v sqare meters:
iil) Thc DRC strail be issued in the name of individuals, limited companies, statutory corporations or institutions and rcgistered trusts but not in the names of partnership firms, noniinees. agents or anv othlr such persons:
(lll) For each rcqucst regarding utilization of the DRC, separate utilization form shall have to be submiteed to the Vice-Chairrnan:
(lV) The DRC' holder shall not mortgage, pledge. hypothecate or create any charge or claim on the DRC:
{V) The utilization of DRC shall not be acknowledged unless and until the entry lor utilization of DRC is authenticated by the Vice-Chairrnan;
(VI) The DRC shall be cancelled by the Vice-Chairrnan after its full utilization;
(VII) In case the DRC is defaced, lost or destroyed, the same may be replaced on payment of Rs. 1.000,/- (Rupees One Thousand only) per DRC as processing fees and on submitting the necessary undertaking, indemnity bond, investigative evidence (copy of FIR), etc. to the Vice-Chairman;
(VIII) If any building or agricultural or horticultural crop is standing on the land tr: he surrendered to the authority, the owner of such land shall be compensated by the authority following due process of valuatiion as per applicable laws.
7. The Vice-Chairrnan may cancel a DRC for reasons to be recorded in writing and any work done thereunder shall be deemed to have been done without permission in the following circumstances :-
(l) Where DRC has been obtained in consequence of material misrepresentation rnade or any fraudulent statement or information furnished;
(li) Where the land is encumbered in any way restricting"the ownership or development rights or rvhere there is a dispute on the title of the land :
Frovided that a DRC shalX not be eancelled without affording to the applicant a reasonablc opportunit3,, of being heard.
8. A DRC s?raii be valid tiii the tiate of its fuli utilization by a DR.C hoider.
ilxi;ianatiol?:- F'cr this qurrose. the date of approval of a building plan whereby the Dii-{-. is rropcseii to be utili;ie*i",r.oul<l be thr: date of its utilization.
9" The Vice-Chainnan s;::lii niaintain online record of DRCs an<i. their transfers ir ti:e Den'lat acccufit and make i:vai:abtre in the pubiic domain. the register for the awani *1' DRC, the transfcr of DR.C. ano the utilization of DRC shall be rnaintained in the lbnnat as prescrice<i in Appenc.irx-D.
{ieneral ternrs rnd conditions Cancellation of DRC Vaiiditi, ol' DR(' Register of DRCs 5 l0 RPH (Awas & Shahri Niyojan--3) (Niyarnavalil 2022 data 4e B-d{ q-tPT cnHrEIRrr rtcre, 23 errr6, 2022 l7
10. A DRC holder found guilty equal to double the amount calculated on of misusing it shall be punishable with a fine penalty the value of total land as per the DRC.
I l. (I) Any person aggrieved by an thiry days from the date of which the decision to the Chairman of the authority;
order of the Vice-Chaiunan may within Appeats is communicated to him prefer an appeal (rI) the appeilate authority, on receipt of an appear, shau after giving theappellant an opporfunity of being heard, pass such order as it deems fit;
(III) any person aggrieved by an order of the chairman may within thirty daysfron the date of knowledge thereof, prefer an appeal to the Government whose decisionshall be final.
12' if in' or in connection with, the exercise of its powers and discharge of its Removaroffunctions by the vice-chairrnan. any difficulty arises relating to the interpretation of difficurty these bye-laws' it shall be refbrred to the Goernment whose decision shall be final.
I3' Implementaion of these bye-laws in the areas/schemes notified under the Imprimentarion ofu'P' Housing and Development Board Act, I965 but falling within the development 'rDRBye-tawsin area' sltall be carried out by the U.P. Housing and Deveropment Board subject to the the areas/schemes limit of powers conferred under the above Act.
- ' --vrr"!'! p\'.ru suuJscr [o rne falling under the controlof U.p.
Housing and Development Board Enclosure : Appendix-A, B, C and D By order, NITIN RAMESH GOKARN, Pramukh Sachiv.
510 RPH (Awas & Shahri Niyojan_3) (Niyamavati ) 2022 data 4e l8 Ert gtyr ergrqruor qcre, 23 orrkr, 2022 APPENDIX-A Application for Development Rights Certificate (DRC) [,See Bye-law-4(II)] From Name of the owner of land Address:
To The Vice-Chairman, Development Authority.
Sir I/we intend to obtain DRC in lieu o/ surrender of the partlwhole of the Iand extent about square meters, Khasra/Plot No. ......, Villagp/Ward Tehsil District .... which is reserved for .......... ........ land use in the Master Plan of (Name of development area) notified by the Housing and Urban Planning Department, Government of UUar Pradesh.
I/we enclose herewith following documents :- (I) Sajra/Site plan showing the extent of the land owned by the applicant along with the details of the existing construction (if any);
(II) Title deed to prove that the applicant has absolute right over the land for which DRC is applied for;
(IID Area statement of the land for which DRC is applied for, duly certified by a Registered Architect or an Fngineer.
I/we hereby state that no monetary compensation or compensatory FAR has been obtained earlier for the part of the land applied for the DRC.
Vwe agree with the bye-laws and conditions notified thereunder including the conditions that the DRC issued can be cancelled if it is obtained by any fraudulent manner and if it corfies to the notice of the authority later that the land under reference is encumbered or the title is under litigation.
Encls : l.
2.
3.
4.
Date Place . Signature of the land owner . Name 510 RPH (Awas & Shahri Niyojan-3) (Niyamavali) 2022 data 4e sf,{ q-tyr 3rgrcmr Tlurc, 23 3i-{rKI, 2022 APPENDIX.B Office of the Vice-Chainnan, .... Development Authority No. ......... ....... Date Ev E LoP-'LTJ;-ffi I cArE (DRC) I, (Name) the Vice_Chairrnan, Development Authority, certify that the person (s) named in this certificate is/are the registered holder (s) of the Development Rights Certificate issued subject to the provision of bye-law No.-7 of ...........
Development Authority lGrant of Transferable Development Rights) Bye-law s, 2022 under part of Master Plan approved under the provisions of U.P. Urban Planning and Development Act, 1973.
"j::SHffi:"Authority t9 510 RPH (Awas & Shahri Niyojan-3) (Niyamavali\ 2022 data4e APPENDIX-C DEVELOPMENT RIGHTS CERTIFICATE UTILISATION FORM [See Bye-law-5(IV)] I/we. the undersigned do hereby request to allow to utilize the floor area measuring (in words ...... sq. mts. in figures :............... .... sq. mts.) out of the total floor area (FAR credit) available in the Development Rights Certif,rcate No. .........
dated ""'........... ..... in accordance with the terms and conditions specified therein and permit the said floor area to be utilized as per the clctails given below :- Signature of the land owner Attestation by Public Notary :
I hereby attest the signature of the DRC holders mentioned herein.
Signature of Witness l. Name Address
2. Name Address Date.......
Place ...............:
Name A Details of property where DRC is proposed to be utilized (Name of Revenue village/colony/scheme.Khasra/plot No., Tehsil and District) B Land use as per the applicabel Master plan C current circle rate of land where DRC is proposed to be utilized (Rs./sqm.)
D Floor area to be utilized in sq. mts. (in figures) (in words) Particulars of DRC Holder (s) Name in full Signature fi) (2\
(3) (4\ 510 RPH (Awas & Shahri Niyojan-3) (Niyamavali ) Z0Z2 data4e Bffit urtqt 3i-stql-{oT q ute, 23 3rrrfiI, 2022 2t APPENDIX-D Office of the Vice-Chairrnan, .. Development Authority n*ei*". o; ;;",;,;;; ;;r;;;;;;. ...,,n.,,.
(See Bye-law-9) frogsoqo*o--qofio slc ti'qq-a-2a22-(rss)--sus qFrqf {q'qEqr oo,ra#w-se) r frogsoqofto-qoti?o $ Hro .Bn?nrT 1Iq prr0 ftdq{-zo::*(r*a}-s:+ $ffiqr qrr;ogce.r.*07ffie) r 510 RPH (Awas & Shahn htiyojan-3) lNiyamavali) 2AZ2 data 4e Sl. no. DRC no. Date and permit no.
Narne of the transferor Floor area in Sqm. as per DRC Transfer/Utilization of DRC area (in Sqm.)
I 2 3 4 5 6 Balance area of DRC (in Sqm.)
Narne and address of the transferee(s) Details of property where DRC is proposed to be utilized Transfer fee paid (Rs.)
Utilization form no. and date Signature of sanctioning authority 7 8 9 l0 ll t2