There are three things wrong with the TDR scheme.
Firstly, I don’t believe that there is a market for TDR. As a landowner, the government is coming to you and saying, I cannot give you money. Instead, take this certificate and sell it. The owner is bound to say that the government can sell the certificate and give him the money. This amounts to telling the landowner that there is a market, but you have to take the risk.
The second problem is that TDR is being used to violate zonal regulations. The master plan method cannot be violated by passing a law. This means that the legislature can bypass the master plan by passing legislation. This amounts to overriding the plan, which is based on several checks and balances like public participation.
All over the world, TDR is used to hit the limit of development on a land and not to cross it. For example, if the FAR is 2.75, the limit is set at 2.65 and the remaining 10% can be obtained by buying TDR. Here, the TDR route is being used to cross the limits imposed by the regulations.
Also, I do not believe that TDR is of use to large developers as they sell properties based on factors other than the number of flats. They cannot buy TDRs to build endlessly, as they have to sell the design and the open space in the projects as well. As a result, the TDRs are used by smaller builders and owners to increase the built-up area, which is not the right use of TDR.
Finally, the State government is also pushing for Akrama Sakrama in which violations will be regularised by paying a fine. If this is the case, where is the use for TDR? People will just continue to build illegally in the hope of paying a fine in the future and regularising the property.
(As told to Avinash Bhat)
