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TERMS AND CONDITIONS FOR THE GRANT OF THE TRANSFERABLE DEVELOPMENT RIGHTS UNDER THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961, NOTIFICATION No. UDD 154 BEM RU PRA 2004, Bangalore, dated 18th January, 2005 Karnataka Gazette, dated 3-2-2005 Whereas, a draft terms and conditions for the grant of the Transferable Development Rights was published vide Notification No. UDD 154 BEM RU PRA 2004, dated 20-10-2004, in Part IV-A of the Karnataka Gazette, Extraor-. dinary, dated 20-10-2004, inviting objection and suggestions to the said draft from all persons likely to be affected thereby on or before 19th November, 2004. Whereas, the said Gazette made available to the public on 20th October, 2004. Whereas, objections and suggestions received on the said draft, have been considered by the State Government. Now, therefore, in exercise of the powers conferred under Section 14-B of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the State Government specifies certain terms and conditions for the grant of Transferable Development Rights by the Municipal Corpora- tions constituted under the Karnataka Municipal Corporations Act, 1976 in the State (hereafter called “ Authority”). ‘Terms and Conditions: 1. The Authority shall publish annual programme for road widening or construction of new road or for any other public purpose specified in. Section 14-B of the Act, for granting Transferable Development Rights 2. The land shall be surrendered through a relinquishment deed for which a Development Rights Certificate (hereinafter called “D.R.C.”) is to be issued. The land so surrendered shall vest with the Authority free from all encumbrances e D.RC. shall be issued only after the required land is surrendered to the Authority free of cost and free of encumbrances. In respect of land surrendered for purpose other than road widening the land has to be fenced to the satisfaction of the Authority 4, D.R-C. shall be issued under the seal of authority and under the signature of the Commissioner. -1- TERMS AND CONDITIONS ETC. UNDER K.T.C.P. ACT, 1961 10, The D.RC. shall be valid for a period of five years. However, the same may be revalidated for a further period of five years subject to payment of revalidation fee The Development Rights shall be utilised within the respective Municipal Corporation Limits. The D.R.C. shall contain details of the floor area credit in square metre of built up area and the area to which the owner of the surrendered land is entitled shall be stated in figures and words. The description of the land from where development rights is generated and the land use zone of the same shall also be stated in the DRC. The eligible additional floor area may be utilised in the remaining portion of the land after surrender, irrespective of the road width. A DRC. shall not be valid for use on receivable plot/plots abutting a road of less than 12 metres in width and in the limits of Mangalore City Corporation such use shall not be valid on the plot/plots abutting a road of less than 9 metres in width. If the additional floor area is transferred to another plot, FAR of the receiving plot shall be allowed to be exceeded by not more than 0.6 times the existing FAR subject to the ‘limitations prescribed in the Terms and Conditions. The Authority may consider relaxing set backs and coverage to a maximum extent of fifty per cent, when the permissible Floor Area Ratio cannot be achieved, in case of D.R.C. arising out of land surrendered free of cost for road widening. This relaxation is also permissible in the receiving plot or in the same plot left over after surrender. No relaxation can be given for area required for parking. While exercising the above power the authority shall finalize the building line for the entire road taking up for widening, keeping in view the developments existing, feasibility and smooth flow of traffic and notify the same. No construction shall be allowed in violation of such notified building line. A D.RC. can be purchased for utilisation in respect of a building already existing, subject to all the limitations prescribed in the terms and conditions. A D.RC. shall be utilised in the same Zone or in the less intensified Zones but not vice-versa, wherever, the city is divided into different zones based on the intensity of development as per zonal regulations of the Development Plan or as specified in the respective zonal regulations. The D.R.C. obtained on account of surrendering the particular land /plot shall be utilised on transfer to any other plot only for the purpose for which such receiving plot is designated in the development plan -2- TERMS AND CONDITIONS ETC. UNDER K.T.C.P. ACT, 1961 20, 21 Whenever the remaining portion of the plot or land after surrender to the required widih to the Authority is too small to construct any meaningful building, the owner if so desires may surrender the entire property to the authority in lieu of the D.R.C. The authority may charge fee of rupees one hundred for grant/transfer /utilisation/revalidation etc. of D.R.C. A D.RC. shall not be valid for use on receivable plot in the area notified as such by Goverment The utilisation of Development Rights shall be in multiples of ten sq. metres only except the last remainder. The Authority may reject or cancel the grant of D.R.C. in the following circumstances namely — (a) Where any dues are payable by the owner of the property to the State Government or Authority, prior to the date of hand- ing over physical possession of the property to the Authority, provided in such case, the Authority may grant and withhold issue of D.R.C. until all the dues of the State Government or Authority are paid by the owners; (») Where D.R. (c) Where there is a dispute on the title of the land, till settled by a Competent Court. s obtained by fraudulent means; The utilisation of D.R.C. in favour of Non-Resident of India and Foreign nationals will be subject to rules and regulations “under the Foreign Exchange Management Act, 1999 (FEMA) and /or the rules and regulations” made by the Reserve Bank of India/Government of India in this behalf. The Authority may decline to allow utilisation of D.R.C. in the following situations — (a) Under direction from a Competent Court; (b) Where the Authority has reason to believe that the transfer for utilisation of D.R.C. has been obtained by fraudulent means; (©) Where the utilisation application does not comply with the terms and conditions; (4) Where the utilisation application is not duly signed by the transferor and transferee; () Where the utilisation application is not accompanied by origi- nal D.R.C. On full utilisation of the D.R.C,, the D.R.C. shall not be returned to the DRC. holders but shail be retained with the Authority concerned after canceling the same. In case of death of holders of D.RC., the DRC. will be transferred only on production of — “Will/Survivors Certificate / Inheritance Certificate /Heir ship 3-