Land assembly The process of forming a single site from a number of lands, usually for eventual development or redevelopment

. This will include acquisition of individual interest and the eventual development or redevelopment, removal or discharge of any restrictive covenants or other encumbrances and obtaining physical possession, when required, from occupiers. What is TDR? Transfer of Development Rights TDR! is a mar"et#based mechanism that promotes responsible growth, while conserving areas such as wor"ing forest, prime agricultural areas and environmentally sensitive lands. $ Transfer of Development Rights TDR! is a certificate from the %unicipal &orporation that the owner of a property gets where his'her property either part or whole! is reserved for the purpose of public utilities such as road, garden, school etc.

Transfer of Development Rights TDR! means ma"ing available certain amount of additional built up area in lieu of the area relinquished or surrendered by the owner of the land, so that he can use e(tra built up area either himself or transfer it to another in need of the e(tra built up area for an agreed sum of money. )t is designed to steer growth not to limit or stop development.

*enefits of TDR program The TDR program allows the landowners to separate the right of ownership of the land from the right of its development. $ farmer can continue to farm his land, while giving up his developmental rights to a property developer as TDR for a consideration. Landowners benefit by being compensated for placing land use restrictions on their land, "eeping farmland prices affordable for agricultural uses, and removing land uses that impede farming.

Local +overnments can use TDR to direct development in specific ,ones. They can use this tool to preserve farming areas, forested areas, heritage areas etc. by allowing its owners to give up their rights to develop these spaces commercially in lieu of TDR. The public benefits as private sector funds are used to purchase the development rights, thus avoiding large public e(penditures, farmland and environmentally sensitive areas are protected, and development occurs in suitable areas, resulting in more efficient public services. Development Rights &ertificate

)f he isn3t willing. tedious and time#consuming. with an efficient trading mechanism for TDR and good communication. with right pricing for TDR. /ow TDR can be a positive initiative? &ompensation to land owners to give their developmental rights should be mar"et price based and not based on archaic and imaginary government registration prices. The certificate states that the -. and the areas in which they may be utili. $ccording to the current law.) credit in square meter of the built#up area to which the owner or lessee of the reserved plot is entitled. with stream lined land title registration. There ought to a well#planned communication to ma"e people understand and buy into TDR programs.$ Development Rights &ertificate DR&! is a certificate issued by the %unicipal &ommissioner to individuals who are granted TDR. the only option open to **%0 is to acquire the property under the 4arnata"a Land $cquisition $ct. TDR is not the only tool that is being used this way.en to hold on to his property. The process of TDR issuance and purchases should not be bureaucratic. This must be in which the development rights are earned. properties can be acquired for road#widening only under TDR and TDR can be enforced only if the owner is willing. the place and user . The program must be equitable to all parts of a &ity to ensure that uneven development does not happen. The fundamental principle of TDR is that the owner continues to own the land. The property owner may use DR& for himself or transfer to any other person. Private investment in Infrastructure project . the only option open to local government is to acquire the property under the state3s Land $cquisition $ct. The TDR program allows the landowners to separate the right of ownership of the land from the right of its development. *ut what *angalore city did was misuse of this tool to ta"e away the fundamental right of a citi. )t is designed to steer growth not to limit or stop development.oning regulations. TDR is granted only for prospective development and not for past developments. -or instance. TDR programs must be implemented synchronously with sound urban planning and . This must be stopped. The process of acquisition of properties under the 4arnata"a Land $cquisition $ct is very e(pensive. if a property owner in *angalore is not willing. 1ther acquisition tools such as 2eminent use3 principles are also employed as legal instruments to rob people of their fundamental rights. The local +overnment cannot arbitrarily decide on TDR pricing based on end use. 0rivate *an"s and e(changes must be involved to drive the TDR program.ed.

$t that time a railway networ" was being developed and it was felt that legislation was needed for acquiring land for the purposes of the railways.The cost of construction varies on different territory of )ndia. as defined in the act.To implement the government strategy the 5/$) has adopted *uild# 1perate#Transfer 7*1T8 Toll! mode of delivery under public private partnership 000! as the preferred mode for development of highway pro6ects.< was created with the e(pressed purpose of facilitating the government3s acquisition of privately held land for public purposes. in 5ational /ighways pro6ects. 7edit8/istory of Land $cquisition $ct Regulation ) of the land acquisition act was first enacted by the *ritish government in the year 9:@<.ed for upgradation and strengthening of /ighways )nfrastructure.<G . )t repealed all previous enactments relating to acquisition and its ob6ect.The government of )ndia has decided to attract public#private participation.ubsequently act B of 9:E? came in to effect which was further replaced by land acquisition act 9:. health or slum clearance.<. The word =public purpose=. $fter independence in 9. a fair and reasonable price for construction of roads. 0urpose of Land $cquisition $ct The land acquisition act of 9:.The revenue collected from the toll ta( will be utili. a completely self contained act. .To recover the cost of construction of different highway pro6ects +overnment has laid down toll policy in the form of 5ational /ighway -ee. refers to the acquisition of land for putting up educational institutions or schemes such as housing. The word =government= refers to the central government if the purpose for acquisition is for the union and for all other purposes it refers to the state government. Local authorities. the )ndian government adopted FLand $cquisition $ct#9:. what was deemed to be.<E. apart from the pro6ects for rural planning or formation of sites. $ct C) of 9:AE was the first full enactment. )t is not necessary that all the acquisition has to be initiated by the government alone. The rules empowered the government to acquire immovable property at. *uilding act BBC)) of 9:D. with a view to confirm the land titles in &alcutta that were acquired for public purposes. 9:>? and co#operative societies established under the co# operative societies act can also acquire the land for developmental activities through the government. societies registered under the societies registration act. which had application to the whole of *ritish )ndia. )n 9:A? some of the provisions of regulation ) of 9:@< were e(tended to &alcutta through $ct ) of 9:A?. in order to purge some of the flaws of act B of 9:E?. )ts application was throughout the whole of the *engal provinces immediately sub6ect to the 0residency of -ort William. and act BB of 9:A@ were introduced to obviate the difficulties pertaining to the construction of public buildings in the cities of *ombay and %adras. canals or other public purposes.

1n completion of the enquiry. 7edit8&ontent of the Legislation 7edit85otification The process of acquisition begins with the issuance of preliminary notification. The notification has to be essentially published in the official ga. . 7edit8-iling of ob6ections The main ob6ective of issuing preliminary notification is to call for ob6ections. $fter passing the award.<. of the statute. The persons aggrieved by such notification shall file their ob6ections within thirty days from the date of preliminary notification date of the publication of notification!. if any.ette and in two daily newspapers circulating in that locality of which at least one shall be in the regional language. it is necessary that actual e(tent of land proposed to be acquired and the value of the land has to be assessed before starting the enquiry. the &ollector or the Deputy &ommissioner shall send notice to the owners or their representatives who were not present personally at the time of passing of the $ward. and if found unsatisfactory. prior to the amendment. against such acquisitions from the owners or others who are having certain interest over the propertyH giving them an opportunity to raise their claims against the move of the government for acquiring their lands. 9:. then a final declaration re6ecting the claims will be issued. as envisaged under section < 9! of Land $cquisition $ct. -urther. it is also necessary that the notification has to be affi(ed in conspicuous places of that locality. as required under sections : and . The final declaration has to be published as required under section > @! of the $ct.< act from time to time. the authority will have to hold an enquiry. 7edit8Time limit .ection > of the amended $ct provides that the final declaration shall be issued by the authority within a period of one year from the date of issuance of preliminary notification under section < 9! of the $ct. 7edit8-inal declaration $fter receipt of ob6ections.ince then various amendments have been made to the 9:. /owever. the concerned authority shall consider those ob6ections.ection 99 of the $ct provides that after receiving the ob6ections. Despite these amendments the administrative procedures have remained same. award will be passed to that effect and published by the competent authority. . the time stipulated under the $ct for final declaration was three years from the date of publication of the preliminary a tool for land acquisition. 7edit8$ward . /owever.

D9D# The Word FDisputeG# )ncludes any controversy with regard to the title of a single claimant# The word 2dispute3 has been used in a wide and not in a literal sense and implies any controversy at to title. requesting the authority to refer the matter to the court for determination of the grounds raised in the application. enhancement of compensation or apportionment of the compensation by filing a written application before the Deputy &ommissioner. 7edit8. *. which shall thereupon vest absolutely with the government.ubramania )yer $)R 9. it is the duty of the competent authority to pass the award within two years from the date of publication of the declaration under section >.8888 interest at the rate of 9A per cent per annum shall be payable from the date of e(piry of the said period of one year on the outstanding amount of compensation until the date of payment. /owever. as envisaged under section A $ of the $ct.ection 9E of the $ct confers special powers with the concerned authority wherein passing of award may be dispensed with and yet permits to ta"e possession of the land notified for acquisition.tate of %adras Cs. the Deputy &ommissioner should refer the matter to the court. 1b6ections can also be raised against the measurement of the land. )n such a situation. $fter passing of the award.>@ %ad. The claimant will be entitled to the compensation which is determined on the basis of the mar"et value of the land determined as on the date of preliminary notification. the person whose land has been proposed to be acquired can give his consent for such acquisition and agree to receive the compensation. 7edit8&ompensation 0rovision for settlement of dispute pertaining to apportionment of the compensation amount is available under section D? of the $ct. . or as appearing from the documents made available by . the entire proceedings initiated for land acquisition will lapse. $n application to that effect has to be filed by the person who was personally present when the award was passed. the Deputy &ommissioner or any other competent authority may ta"e possession of the land immediately.C. such powers can be e(ercised only in case of urgency. Iudicial )nterpretation of the word =Dispute= in the land acquisition proceedingsJ. )f the authority fails to adhere to the time schedule prescribed under the $ct. $ccording to section D<.1nce the enquiry is concluded. if there is delay in payment of compensation beyond one year from the date on which possession is ta"en. )n other cases. $fter passing of the award. whatsoever. the application will have to be made within si( wee"s from the date of receipt of the notice issued under section 9@ @! or within si( months from the date of the award passed by Deputy &ommissioner. as provided under section 9: of the $ct. whether as between the actual claimants. whichever is earlier. -urther holding of enquiry can also be waived. free from all claims.pecial powers . within si( wee"s from the date of the award passed by the &ollector. as envisaged under section 99 $ of the $ct.

the government. 7edit80rocedure for the Land $cquisition 7edit89. 9:.ed for the payment of compensation to the true owner. $fter notification the owner is prohibited from selling his property or disposing of it and . $fter the government has been fully satisfied about the purpose. even if a dispute or controversy as to the arises on the documents before him. if the possession of land has been ta"en.< J%'s )ndarprastha )ce and &old . Cs. it will issue a notification under . 0ublic funds have to be utili.ection 9: of the 0un6ab . of the party to receive the compensation amount. the least area needed. The tenant is not entitled to 9'D or 9'< of the amount of compensation on the basis of 6udicial decisions relating to agricultural land on which the tenant had aright to purchase under .:E Del 9E9# Tenant is entitled to only a nominal compensation# 1nly a nominal portion of the compensation of the acquired land is to be paid to the tenant and substantial amount has to be ta"en by the landlord.ection < of the act that the particular land is required for public purpose. and cannot later ta"e refuge behind the prete(t that the compensation was paid to the claimant who actually appeared while others did not appeared.tatus of the Tenant occupying the land to be acquired under Land $cquisition $ct. Knion of )ndia $)R 9. 1ne of the revenue officers is appointed as the collector to hold an inquiry under .torage Ltd. /e cannot be made liable for costs. /owever. The tenant is only entitled to 9': share of the compensation The government. The application should be accompanied with a copy of the plan showing survey nos. and it is the party who has to bear the costs incurred in establishing the title.o long as that is the situation the acquiring officer has a right to ma"e such a reference. an application is required to be made by it to the revenue authority.ecurity of Land Tenures $ct. under section 9> of the $ct is at liberty to withdraw from acquisition of land e(cept in cases provided under section D>.. . then the government will have no authority to withdraw from such acquisition. and not merely to any claimant who cares to appear on the scene. purpose of acquisition and the reason for the particular site to be chosen and the provision made for the cost of the acquisition.ection A#$ of the $ct. and other relevant facts as provided under land acquisition rules. )t is obvious that when the government e(ercises its power of eminent domain and acquires property. The government has a special responsibility in this regard. . )nvestigation When a local authority or a company requires a land.

)n determining the compensation the mar"et value of the land is determined at the date of notification.prevented from carrying out any wor"s of improvements for which no compensation will be paid if e(ecuted without prior permission from the collector. to all persons interested in the acquisition to file their claim reports. is to possess an e(pert "nowledge on valuation. ii. &laim and $ward The collector will issue notices under . . That the purpose for which the land is proposed for acquisition is not a public purpose.ection <: @!. 0art of the property is proposed for acquisition in such a manner that the remainder depreciates in value. measured and a plan of the same is made. and offers a fair price to an owner and chec"s that the public funds are not wasted. &ompensation is also payable whenL i. iii. /e has the site mar"ed out. That the acquisition will destroy or impair historical or artistic monuments or will desecrate religious buildings. The rise and fall in the value during the period of transaction and notification is ta"en into consideration. iv. graveyards and the li"e. 1b6ection and &onfirmation 1b6ections are invited from all persons interested in land within thirty days from the date of notification. That the area under acquisition is e(cessive.ection > of the $ct. The government can abandon the acquisition proceedings by simply canceling the notification. 7edit8D. 7edit8@. The collector after hearing the ob6ections will submit his report to the government who will finally declare the land for acquisition under the . /owever. $fter notification the collector proceeds with the claim. The collector is not to be a party to the proceedings. The ob6ections will be valid on one or more of the following groundsL i. That the land is not or less suitable than another piece of land for the said purpose. in that case compensation has to be paid under .ection . The claim filed should contain the names of the claimants and co#shares if any rents or profits for last three years and a valuation report of the land from an architect or an engineer.

Thus it is required to value a variety of interest. $pportionment )n apparent of the compensation each of the claimants are entitled to the value of his interest.tate +overnment 0ublic authorities'agencies li"e DD$. M $fter necessary inquiries the collector declares his award showing true area of the land.NOs! The procedure involved for acquisition of land for companies are dealt with under chapter C)) of the act. 7edit8<. This application should be made within si( wee"s from the date of declaration of the award. $ny increase in the land value li"ely to accrue from the use to which it will be put when acquired. 7edit8A. 51)D$. Tata for . %atters which are not ta"en into consideration for the purpose of land acquisition areL i. The degree of urgency which has led to the acquisition. &)D&1 &ompanies li"e Reliance. $ny disinclination of the person interested to part with the land. )f the person interested has to change his place of residence or business then the e(cess rent payable for the new premises is also considered for compensation. The collector has to ma"e the award under section 99 within a period of two years from the date of notification. When the land notified for acquisition has standing crops or trees.ii. total amount of compensation payable and apportionment of compensation if there are more than one owners or claimants. iii. 7edit8$uthorities and agencies involved Knion +overnment . by compulsory acquisition. ii. which he has lost. which requires an agreement to be entered into by the company with the appropriate government and the same has to be published in the official . rights and claims in the land in terms of money. Reference to &ourt $ny person interested to whom the award is not satisfactory can submit a written application to the court. iii.

N(cess vacant land is either to be surrendered to the competent authority appointed under the $ct for a small compensation. 9. or an association or body of individuals. with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and with a view to bringing about an equitable distribution of land in urban agglomerations to subserve the common goodH Krban Land &eiling P Regulation $ct KL&R$ !. it is e(pedient to provide for the imposition of a ceiling on vacant land in urban agglomerations. with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and with a view to bringing about an equitable distribution of land in urban agglomerations to subserve the common good. for the acquisition of such land in e(cess of the ceiling limit. a family. a firm. The government cannot initiate acquisition proceedings without issuing proper notice to the owners in any of the prescribed mode of service provided under the act and provide them sufficient opportunity. to regulate the construction of buildings on such land and for matters connected therewith. THE URBAN LAND (CEILING AND REGULATI N! ACT" #$%& $n $ct to provide for the imposition of a ceiling on vacant land in urban agglomerations. m!. W/NRN$. a company. with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and with a view to bringing about an equitable distribution of land in urban agglomerations to subserve the common good. This legislation fi(ed a ceiling on the vacant urban land that a 2person3 in urban agglomerations can acquire and hold.E> provides for imposition of a ceiling on vacant land in urban agglomerations. The government acquired any land owned in e(cess of the prescribed limit by following a . to regulate the construction of buildings on such land and for matters connected therewith. or to be developed by its holder only for specified purposes. The $ct provided for imposition of a ceiling on both ownership and possession of vacant land in urban agglomerationsH acquisition of the e(cess vacant land by the state government. )f any of the provisions envisaged in the act is violated or mandatory procedures are not> The Krban Land &eiling P Regulation! $ct. This ceiling limit ranges from A??#@. to regulate the construction of buildings on such land and for matters connected therewith. whether incorporated or not. then the entire acquisition proceedings would become void. with powers to dispose the vacant land for common goodH payment of an amount for the acquisition of the e(cess landH and granting e(ceptions in respect of certain specific categories of vacant land. for the acquisition of such land in e(cess of the ceiling limit. $ person is defined to include an individual.??? square metres sq. for the acquisition of such land in e(cess of the ceiling limit.9.

*ihar. /aryana. The $ct provides for appropriate documents to show that the provisions of this $ct are not attracted or should be produced to the registering officer before registering instruments compulsorily registrable under the Registration $ct. 4arnata"a.tates namely $ssam. +u6arat. )nitially . which was based on the income the acquired land was able to generate. Thereafter. Kttar 0radesh and West *engal adopted the $ct. . %eghalaya and Ra6asthan. it was adopted by si( more . Tripura. 1disha. /imachal 0radesh.specific method of calculation. 0un6ab. %aharashtra. %anipur. %adhya 0radesh.tates of $ndhra 0radesh.