Mumbai: BrihanMumbai Municipal Corporation (BMC) on January 24 has issued guidelines for grant of transferable development right (TDR) in case of existing amenities/roads in Development Plan 2034 in Mumbai. The guidelines were issued as it is legally mandatory for the BMC to provide legally due compensation /TDR to land owners so that their lands get legally transferred in its name in revenue records.
The guidelines issued by BMC Commissioner Praveen Pardeshi and Chief Engineer Vinod Chitore are in FPJ's possession.
BMC officer told FPJ, ''These guidelines were necessary as those were counted in many instances that on persuasion of field officers/owners, advance possession of land under various type of reservations (including roads) has been given to BMC in anticipation of TDR of BMC has developed the amenities/roads without taking formal possession. It was also noticed that in some cases due to urgency and local population demand, such reservations particularly proposed Development Plan roads/reservations reflected in 1991 plan, have also been developed by BMC without taking formal possession.'' He said that no compensation like TDR or monetary compensation has been provided and the ownership remains in the name of original owner in revenue records.
It will be binding on BMC to declare the date on which formal/informal possession will be ascertained and whether the letter/consent from the owner is available in file papers or not. Further, the complete verification of land acquisition records will be done to verify that no monetary compensation was received by the land owner at the time of earlier possession or subsequently.
The civic body will take an affidavit from the applicant/owner that he/she/they or his/her/their co-owners have not taken compensation in any form from BMC or nay other authority under the Land Acquisition Act or any other Act. If found that compensation has been granted earlier, the applicant/owner will be liable for criminal action and Developments Right Certificate will stand cancelled. ''In such cases, it shall be the responsibility and liability of applicant/owner for any transactions of such DRC issued, in the event of cancellation due to to false representation and false affidavit and consequences thereof,'' BMC said in the guidelines.
