The Urban Development Department (UDD) of Maharashtra issued a significant Notification on October 4, 2024, modifying the Unified Development Control and Promotion Regulations (UDCPR) under the Maharashtra Regional and Town Planning Act, 1966. These modifications focus on Transferable Development Rights (TDR), specifically within the jurisdictions of the Nagpur Municipal Corporation and the Nagpur Metropolitan Region Development Authority (NMRDA). By revising Regulations 10.3, 10.4, and 11.2, the Government seeks to streamline TDR-related provisions for public projects, partially encumbered lands, and public charity trusts involved in community-focused construction projects.
Key Changes in the UDCPR for TDR Provisions
The revised UDCPR regulations detail several noteworthy provisions for the allocation and calculation of TDR and Development Rights Certificates (DRC). TDR represents additional development potential, which developers or landowners can sell or transfer to another plot. These new provisions offer flexibility in generating TDR for public welfare projects.
- TDR for Fully Encumbered Land
For land completely occupied by encumbrances (such as existing structures or occupants), TDR will be issued for the land area needed for public projects at no cost. Here, the project implementing authority is responsible for addressing these encumbrances through removal or rehabilitation measures. - TDR for Partially Encumbered Land
When dealing with partially encumbered land, TDR or DRC allocations are based on joint measurement surveys that determine the proportions of vacant and encumbered areas. This approach helps to distinguish land segments, ensuring accurate TDR issuance and facilitating landowner participation in public projects. - Distinguishing Vacant and Encumbered Land
It is now mandatory to demarcate vacant land from encumbered land through a clear measurement. Failing this, any land with partial encumbrances will be treated as fully encumbered, restricting its TDR eligibility and valuation.
New Provisions for Construction TDR and Public Amenities
To encourage the creation of public facilities, the UDD’s modifications in Clause 11.2.5 allow public charity trusts or government entities to qualify for construction TDRs. These TDRs support projects such as medical facilities, educational institutions, and community halls on land leased or allotted by a Special Planning Authority (SPA) or an Urban Local Body (ULB). According to the new guidelines, the ownership of these facilities will remain with the SPA or ULB, while the trust or government entity may lease the property under specific terms.
TDR for Government-Leased Land
Under Clause 11.2.4, lands owned by the state and leased long-term at nominal rates (with over 30 years remaining on the lease) are eligible for TDR at 90% of the value otherwise allocated to equivalent private land. Indexed at subsidized lease rates, this new provision includes existing constructions that have been previously authorized. This change allows leaseholders to benefit from TDR while prioritizing public project development over private interests, as long as they adhere to zoning and planning requirements.
Conclusion
The amended UDCPR guidelines underscore the Maharashtra Government’s commitment to enabling urban development while supporting public welfare projects. By streamlining TDR provisions for fully and partially encumbered lands, facilitating public trust-driven projects, and establishing clear ownership guidelines for government-leased lands, the updated regulations offer an innovative approach to land development in Nagpur and surrounding areas. These modifications are now effective following publication in the Official Gazette.