TDR can be enforced only if the owner is willing

Right to Information (RTI) documents have thrown up the surprising and hitherto well-hidden clause which brings relief to property owners who were likely to affect as the part of road widening project. RTI document states that properties can be acquired for road-widening only under TDR.The catch — which favours the home owners — comes in the next clause. TDR can be enforced only if the owner is willing. According to the current law, under Transferable Development Rights (TDR), if a person doesn’t want to give his/her property for road-widening, then he/she need not. If he isn’t willing, the only option open to BBMP is to forcibly acquire the property by paying current market rates under the Karnataka Land Acquisition Act.

In April, residents of Sarjapur Road received a notice from the BBMP, informing them about acquisition of a portion of their property for road widening. The notice says the road is to be widened by 45 feet and that the Apartment Association should submit land records using the Transfer of Development Rights (TDR) form. There is much anguish and hand wringing in the city about people losing valuable parts of their cherished homes to road-widening.

If the property owners are not willing give their land to BBMP for road-widening, the only option open to BBMP is to forcibly acquire the property by paying current market rates under the Karnataka Land Acquisition Act. The process of acquisition of properties under the Karnataka Land Acquisition Act is very expensive, tedious and time-consuming and as such not a route preferred by BBMP to acquire land for road-widening. If property owners isn’t willing, the only option open to BBMP is to forcibly acquire the property under the Karnataka Land Acquisition Act which is virtually unaffordable for a corporation.