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Reconstitution of land and property - new alternative to TDR

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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

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murali772's picture

The DH report

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“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

Muralidhar Rao
srkulhalli's picture

Amazing

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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

Suhas

silkboard's picture

Oh good, so looks like this is done.

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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?

Chandru.p's picture

why bother with TDR?

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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
 

FYI

murali772's picture

bravo Chandru

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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.
 

Muralidhar Rao
srinidhi's picture

Blr full of such violations!

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Samples like the one like shown in Chandru's photo are numerous..infact there are very few..countable number of new constructions which are not violating any rules..

All residential construction has violations where the govt itlsef is promoting such violations..makes it feel miserable!

We have become too greedy..too greedy!

gbhupesh's picture

Such scheme should be adopted for other road projects.

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If authority requires 2 Acre land for a road project, it should acquire 4 Acre, use 2 Acre for road and remaining 2 Acre should be distributed to all from whom land was acquired along with monetary compensation.

Or if it is near big cities...  It should auction 1 Acre to recove the cost of road and 1 Acre should be distributed back to the people from whom land was acquired along with monetary compensation.

 

 

 

murali772's picture

BBMP in action

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Posted on 'savekoramangala' Y-group by VM:

Have a problem with a neighbor on building and zonal violations. Went onto BBMP website and into grievance module (what they call Spandana). Gave in all details, fairly simple user interface.
-Got a sms acknowledging along with a grievance number immediately
-got a call 3 hours later on my complaint for clarifications.
-got a call from the ward engineer next day, assuring of taking action and issuing required notices.

I am supposed to be able to track my grievance online, will see how that progresses. And with a little bit of push, maybe an actual solution.

Note: the grievance is for various BBMP departments.

Perhaps more citizens could try this out.

Muralidhar Rao
murali772's picture

perhaps, the way to go

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More than 75 residents including ex-corporators M Pari and Niranjan barged into the BBMP joint commissioner (town planning) Narasimha Murthy's office and protested against the irresponsible action by the officials towards the unauthorised constructions and encroachments in the city. Speaking to Express, ex-corporator Pari said that there are several high rise buildings and unauthorised constructions coming up on encroached properties and the BBMP is doing nothing to stop such construction activities. "The BBMP commissioner had issued a circular in the month of September, directing officers to book a criminal case if they were to across any violation or deviation in the building plan. But the palike officials have not booked a single case against encroachment activity and illegal construction so far," said the former corporator.

The protestors finally called off the protest when they got an assurance from the BBMP deputy commissioner Manjunath that action would be taken against such activities.

For the full report in the New Indian Express, click here

May be a team from PRAJA should meet the Commissioner, and demand action against these kinds of transgressions.
 

Muralidhar Rao

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