According to a BBMP official, TDR is an instrument through which the Palike facilitates landlosers to construct additional floor or building in the remaining portion of the property or anywhere in the City. While the proposal apparently lacks the element to attract landlosers, the Palike intends to make it popular. According to BBMP authorities, TDR has been successfully implemented in Mumbai and is now set to be replicated in Bangalore.
The BBMP would issue a Development Rights Certificate (DRC), which can be either be utilised for personal need or can be sold to anyone who wants to construct an extra floor. The owner gets the right to construct a built up area 1.5 times over and above of that the property acquired for development. For instance, if 600 sq ft built-up area is given up to the BBMP, the property owner will receive a DRC for 900 sq ft built-up area.
The Certificate will also enable the person to use the certificate for another building he is constructing or has constructed already. The TDR was notified by the State Government in February 2005. The BBMP decided to popularise the TDR so that the people voluntarily part with their property for development. But the voluntary part has met with much scepticism, since it is widely perceived as a lopsided, which would leave landowners little option to defend their property.
The idea to issue TDR certificates was brought up by the BBMP to avoid paying compensation in the form of money or a free site to the landlosers. “People should know that we are not in a position to compensate the loss suffered by the landlosers. Property tax and income from advertisement charges are the only sources of revenue to the Palike,”said Chikkamuniyappa, Deputy Commissioner, BBMP. The Palike is left with no other option but to float the TDR scheme. He added that the state of affairs is no different in all the municipal bodies across the country.
Viable option
The fund crunch is so severe that local bodies have been finding it difficult to pay salaries to its employees. Ultimately, the State Finance Commission has reserved funds for salaries. Under this circumstance, the TDR scheme is the only viable option, he explained.
The moot question, however, is the ‘tradeability’ of TDR certificate even as the government has been attempting to introduce Sakrama scheme to regularise the structures constructed in violation of building plan, and corrupt officials turning blind eye to violations.
The BBMP may not find it tough to demolish houses on revenue land even if they possess the Palike Khata. But it would be a challenging task for it to evacuate people owning BDA property. Most of the BDA property owners are up in arms against the BDA for lacking vision.
Chandrashekhar, a resident of VVPuram, with property in Kumaraswamy Layout contends that if the BBMP wants to acquire private land in BDA layout, it will have to pay compensation for the loss. “Seize the properties of the BDA officials who formed the KS Layout so shabbily, auction it and pay compensation to people who would lose land. Why should we be at the receiving end for the fault committed by the BDA?” he wanted to know.
Legal angle
Dispelling public perception that the TDR cannot be challenged in the court, legal experts assert that it can indeed be questioned. B V Acharya, former Advocate General said that any action related to road widening and developmental work can be challenged. “Only the scope for it is limited as the courts will go by the larger public interest,” he said.
Citing several Public Interest Litigations against National Highway projects and the Metro Rail, he said even the mega projects have rights for objections, although the grounds are limited.
‘Alternative sites under consideration’
The government is contemplating to purchase the Transfer of Development Rights from the property losers and give them alternative sites, said Mayor S K Nataraj.
Speaking to Deccan Herald, the Mayor said, the idea, in its infancy is under serious consideration. He hinted that the owners of the legitimate buildings would be benefited but not those who are having houses on revenue land. He defined legitimate buildings as houses or apartments constructed on BDA, BBMP, BMRDA or Karnataka Housing Board approved sites.
The Mayor said the BBMP is in the process of identifying places where the landlosers would be given alternative sites. “We are in talks with the Karnataka Housing Board, BDA, BMRDA and would also see how much land BBMP has with it to spare for such purposes,” said the Mayor.
Peoplespeak
There seems to be different yardsticks for paying compensation to different infrastructure development projects. We only want equal justice and compensation at par with the Metro project.
Sudarshan
Politicians are involved in these works. They favour those who have bribed them to alter projects according to their benefit. It is a nexus between politicians, rich land owners and the Palike.
Papanna
“What kind of planning authority is the BDA? It could not plan a layout properly. It is even worst than the revenue layout developers who at least make a provision of 40 feet wide main road,”
Manjula
On the widening list
FIRST PHASE
* Bellary Road
* Palace Road
* Seshadri Road
* Nrupatunga Road
* Vidhana Veedhi
*Mission Road
*Devanga Hostel Road
*Sankey Road
*Jayamahal Road
*Hosur Road
*Hosur-Lashkar Road
*Victoria Road
*Lower Agaram Road
*Sarjapura Road
*Hosur Road
*Dickenson Road
*Ulsoor Road
*Kensington Road
*Murphy Road
*Old Madras Road
*Airport Road
*Cottonpet Main Road
*Avenue Road K R Market
*Mysore Road
*Mahalakshmi Layout
*K.R Road
*Sultan Road
*1st Main Chamrajpet
*3rd Cross Chamrajpet
*Link Road Githanjali Theatre
*Padarayanapura Main Road
*Bull Temple Road
*K G Road
* Ambedkar Road (Tannery Road)
* Hennur Road
*Banaswadi Road
*Magadi Road
*Kurabarahalli
*17th Main J C Nagar
*5th cross road Malleswaram
*Commissariat Road
*Race Course Road
*Kasturba Road
*Suranjan Das Road
*Infantry Road
SECOND PHASE
*Lalbagh Road
*Bannerghatta Road
*80 Feet Road Koramangala
*Richmond Road
*Goods Shed Road
*Balepet Main Road
*OTC Road
*A M Road (Part)
*Lalbagh Fort Road
*Gandhinagar 1st Main Road
*Gandhinagar 2nd Cross Rd
*A S Char Street
*Vanivilas Road
*Subedar Chatram Road
*Mount Joy Road and Kathriguppe Main Road
*Dinnur Main Road
*Hosakere Halli
*Vasanth Nagar
*Park Road
*Hospital Road
*Dispensary Road
*K Kamaraj Road
*Dharmaraj Koil Street
*Chandhini Chowk Road
*Meenakshi Koil Street
*Thimmaiah Road
*Old Poor house Road
*Miller Tank Bund Road
*Station Road
*Queen’s Road
*Miller’s Road
*Cunningham Road
*Road in front of Russel
Market
*Hare Krishna Road
*HMT Main Road
*Bayyappana Halli Main Rd
*Bapuji Nagar Cross Road
*Kumara Swamy Layout Main Road
*MTB Road
*Siddaiah Road
*Sudhamanagar
*J C Road
*Okalipuram Main Road
*Coconut Avenue Road
*Uttarahalli Main Road
ARTERIAL ROADS
*Uttarahalli Main Road
*Hunasemarada Palya Road
*Bedarahalli Road
*Muddinapalya Road
*Chikke Gowdanapalya Road
*Kodipalya/Hemmigepura Rd
*Bharat Housing Society Rd
*Padmanabhanagar Main Rd
*Ittamadu Road
*Kanchanahalli Main Road
*Pattanagere Main Road
*Mylasandra Main Road
*Kenchanahalli Road
*Voddarapalya Road
*Malathalli Road
*Bedarahalli Road
*Gidada Konenahalli Road
*Dwaraka Wasa Road
*Moodarapalya First Main Road BDA Complex
*Puttenahalli Tank Bund Rd
*Puttenahalli- Dorasampipalya Road
*Kodipalya Main Road
*South City Road
*Amruthanagar Main Road
*Kembatahalli Main Road
*Narayana Rao Layout Road
*Kotthuru Dinne Road
*Puttenahalli Tank Bund Road
*BTM Layout 29th Main Rd
*BTM Layout 16th Main Rd
*Kodichikkanahalli Road
*Devarajeevanahalli Road
*Netaji Road
*Sarvabhowmanagar Road
*Shanthinikethana Road
*Hulimavu
*Bettadasanapura
*Basavanapura Road
*Doddatogur Road
*Vivekanandanagar Road 8th Main
*Bodihutte Road
*Mallasandra
*Begur Road
*Nyanappanahalli Mn Rd
*Doddakammanahalli Road
*Devara Chikkanahalli Road
*Arakere Main Road
*Halasuru Road (Hosapalya-Sarjapur)
*Ellakunte Road
*Koodlu Road
*Naganathapura Road
*Puttenahalli Tank Bund Side Road
SUB-ARTERIAL ROADS
*Puttenahalli Tank Bund Side Road
*Sharadanagar Road
*Kottur Road
*Thimmappa Reddy Layout
*Vaddarapalya
*Basapura Road
*Royal Residency Road
*HSR Layout 9th Main Road
*Anjanapura Road
*Vishwapriya Layout Road
*Puttenahalli Kothanur Rd
*JP Nagar 8th Phase Gottigere Road
*Kothnur Road
*Bhattarahalli Road
*Horamavu- Kalkere Belatthur Road
*Gunjuru Road
*Behind HAL Aerodrome Rd
*Devasandra Main Road
*ITPL Road
*Malleshpalya Road
*Hennur Bagalur Road
*Vimanapura Road
*Panatthur Road
*Anandapura-Maragondahalli Road
*Bande Bommasandra Rd
*Bidarahalli Road
*Seegehalli Road
*Yelahanka Road (Vidyaranyapura Road)
*Kodigehalli Main Road
*Amruthahalli Road
*Kenchanahalli Road
*Kogilu Road
*Nagawara Road
*Allalasandra Cross-Yelahanka Bus Stand
*Magadi Main Road
*Tumkur Road (Chikkasandra)
*Jalahalli Road
*Silvepura Road
*Pipeline Road (Tumkur Road-Bagalkunte)
*Herohalli Road
*Madanayakanahalli
*Chikkabanavara