Reconstitution of land and property - new alternative to TDR

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Written By murali772 - 24 December, 2009

Bangalore Infrastructure Congestion BBMP BDA Roads Media Reports mobility Everything else

In what is now loud thinking, BDA, BBMP and urban-affairs officials are proposing a new scheme in town planning whereby there will be ‘reconstitution of land and property’ instead of acquisition. This, they say, will lead to equity, cost effectiveness and will be socially inclusive, with fair benefits for owners of both rear and front properties in areas where land is acquired for widening. The scheme will look at the area’s development instead of merely developing a road as a single project.

Presenting the new scheme, S S Topagi, town planning member, BDA, said as of now, road widening is taken up as an independent project for each road with transfer of development rights (TDR) being given only for land and not the building on the land. “The unfairness of the existing scheme is that the rear properties get all the benefits of development without incurring any costs, while the front property owners lose out on land and end up with TDR which is much less than the market value,” he said.

Under the new proposed scheme, TDR for buildings will also be included and the front and rear properties will be consolidated. In case the rear property does not wish to consolidate, that property, along with the front property, would be notified and acquired, he added.

A Ravindra, adviser to the chief minister on urban affairs, said now that the scheme had been proposed, they would want to set it in motion to implement it. “We will first identify an area and see the response. We will not need to amend any Acts. There is a provision in the existing Town and Country Planning Act whereby we can prepare a town-planning scheme, notify it and then get started,” he said. Each identified area will have a customized scheme whereby authorities would prepare a draft scheme, invite responses and then prepare the final scheme.


For the full report in the TOI, click here

With enforcement of building bye-laws being as lax as they are, TDR was a non-starter. Unless the enforcement problem is tackled, any new scheme is also likely to suffer the same fate.

Muralidhar Rao

COMMENTS


The DH report

murali772 - 24 December, 2009 - 12:16

“The idea is to provide an equitable opportunity to all those who have lost their land during the road widening drive and at the same time to ensure that others do not reap the benefit without contributing to it,” said Ashwin Mahesh, member of Agenda for Bengaluru Infrastructure Development (ABIDe).

Under the new scheme, land that has been “acquired” will be now “re-developed” by giving an opportunity to those living in the adjoining structures to merge with them and provide equal distribution of land or take the Transfer of Development Rights(TDR).


For the full report, click here

Amazing

srkulhalli - 25 December, 2009 - 17:21

I had heard Ashwin speak about it long back. I am amazed at him being able to get things to happen. Presumably this is what is being done in Gujarat (where else ?) and its worked very well.

While I agree with your bottom line - I think it will help in the sense the resistance (litigation, protests etc) maybe lesser, specially if the property developers see value added in the development. But it does depend on the scale of the construction and how much of it can be really reconstitued. If all the properties have been built up and constructed end to end, as is usually the case, very difficult to redraw boundaries. It would help in case of semi-developed and undeveloped properties

Oh good, so looks like this is done.

silkboard - 27 December, 2009 - 09:14

Likewise Suhas, had heard about this from Ashwin and others (Gujrat way of acquiring land).

Sharing the "future" benefits with those who part with their land would be another way to incentivize them. Its sort of like part cash and part ownership (via shares) model that Jindals have talked about following in Bengal.

  • Lets say BDA needs to build a 120 ft road.
  • Acquire 360 ft worth of land
  • Use 120 ft for road
  • Rest 240ft of peripheral area gets developed
  • And then the profits from the enhanced value of this developed land are shared with those who parted with their land.
  • Part of profit from the "extra width" acquired" could pay towards the original cost of acquisition as well.

Problem would be BDA/BBMP itself, citizens may not trust them with sharing profits in transparent and timely manner.

Think of the airport - BIAL. Those who gave up their land didn't get anything from the increased valuations (at which GVK have bought stake in the airport). What if landowners had received some shares in BIAL as well. Once the word spreads that you get cash at today's market price plus some potential for money in future as well - won't that help?

why bother with TDR?

Chandru.p - 13 January, 2010 - 12:58

Why would anybody bother with any TDR when you can get away with constructing like here (at the junction of 4th cross, 11th main, HAL 2nd stage - facing BESCOM colony)? Setback, FSI, and every other norm thrown to the winds, and in the midst of a totally residential locality! Can't the BBMP authorities ever see this - are they blind?

And, this is not an isolated instance, though quite an extreme case! There are plenty like this all over the city. Why bother with TDR, Akrama-Sakrama, etc, when you can perhaps make a deal with the jurisdictional engineer at a fraction of the cost?

Chandru
 

bravo Chandru

murali772 - 13 January, 2010 - 13:09

Indeed Chandru! Amazing how people get away constructing like this, even as the law abiding citizens are harassed for the slightest of transgressions. Perhaps one way of checking them is the way you have done - exposing them in an open forum.

Welcome to PRAJA, and may more people follow your example.
 


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