HYDERABAD: In a move aimed at conserving lakes, rivers and nalas while ensuring fairness to landowners, the State Government has amended the Building Rules, 2012 to enable the grant and utilisation of Transferable Development Rights (TDR) for lands affected by Full Tank Level (FTL), Maximum Flood Level (MFL) and buffer zones of water bodies within the Core Urban Region (CURE).
The amendment applies exclusively to Lake Development and Riverfront projects undertaken by HMDA, GHMC, HYDRA, MRDCL, Urban Development Authorities, ULBs, IALAs or other public authorities notified by the Government.
The Metropolitan Area and Urban Development Department issued orders on Friday by inserting a new Rule 17(f) through GOMS 168, following directions of the Supreme Court, various High Courts and the National Green Tribunal, which have emphasised protection, restoration and conservation of water bodies and prohibition of construction within FTL, MFL and buffer zones.
The Government noted that several landowners hold patta lands within these restricted zones where construction permissions cannot be granted. To address this, TDR has been identified as an effective and transparent mechanism to balance environmental protection with equity.
Under the amendment, landowners will be eligible for 200% TDR for lands surrendered within the FTL of lakes and MFL of rivers, where no development is permitted. Lands surrendered within buffer zones of lakes and rivers, where limited recreational use is allowed, will attract 300 % TDR. Lands required outside buffer zones for conservation or development of water bodies will be eligible for 400 % TDR, on par with road widening projects. Similarly, 400 % TDR will be granted for lands surrendered for nala widening and development on private lands not reflected in revenue records.
The order also provides regulatory incentives, including relaxation of setbacks or permission for additional floors, subject to prescribed building safety norms, Fire NOC and Airport Authority clearances. The additional built-up area generated through such concessions will not exceed the eligible TDR.
To strengthen the TDR market and encourage voluntary participation, the Government has mandated that 10% of the built-up area above the 10th floor in high-rise buildings be constructed through TDR utilisation. In cases involving title disputes or absence of landowners, eligible TDR will be parked in a TDR Bank under the custody of the sanctioning authority and issued once disputes are resolved.
Before issuing TDR for water bodies and nalas, clearance must be obtained from officers not below the rank of executive engineer (irrigation) and additional collector (revenue) regarding the extent of land affected within FTL or MFL and title aspects. However, Government Irrigation NOC will not be required for lakes where final FTL notification has already been issued.
For bulk lands exceeding one acre, prior approval of the state Government will be mandatory before the issue of TDR, the order stated.