The Times of India 08.12.2010
Bent on TDRs, BBMP blind to other options
BANGALORE: Everybody involved in the TDR (transferable development rights) tangle seems to have forgotten a simple truth. That TDR is intrinsically linked to Bangalore’s traffic. It’s in trying to find a solution to traffic woes that BBMP has gravitated towards TDR, disregarding other options much to the anxiety of thousands of residents who fear for their homes.
Last week’s announcement about a TDR bank without BBMP waiting for the recommendations of a committee set up by itself to explore the issue, has added to the intrigue. Casting people unwilling to part with their homes as citizens unwilling to look at the larger good of the city isn’t winning BBMP any brownie points either.
BBMP’s logic for TDRs:
* On 216 city roads, movement of vehicular traffic has become unmanageable and hence, need to be widened
* Private citizens — 33,000 of them — have to give up portions of their residential property for road widening
* As BBMP has no money to compensate people for property thus acquired, they would be given TDRs
* TDRs can be used to go `vertical’ i.,e add extra floors or sell it those who want to buy it
UNPOPULAR RIGHTS
What the authorities have forgotten in this debate is that to most people their home is their primary, and almost always, their biggest asset. The dream house built through enormous sacrifice has an emotive value which goes beyond the price in terms of rupees.
What also irks people is that the entire state machinery is galvanised to make people part with their homes without looking at other options. Also, what sticks in their throats is that road widening is unlikely to touch the homes of the rich and the connected, or the posher areas where people with clout live.
IT CAN’T BE FORCED
The fact is, BBMP cannot forcibly take away private properties through TDR. No acquisition can be done without the owner’s consent as per the current law under TDR. Alternatively, BBMP can forcibly acquire a property by paying the current market rate under the Karnataka Land Acquisition Act. “This is very expensive, tedious and time-consuming,” admit BBMP officials themselves.
ORIGINAL PURPOSE DEFEATED
The TDR was a scheme meant to preserve open spaces and heritage buildings in the heart of a city, moving development to the outskirts. But in Bangalore, it has morphed into taking chunks of land away from home owners all over the city.
HOW FEASIBLE IS A BANK?
BBMP, last week, said it would compensate property owners on Magadi Road by buying TDRs from them. But how feasible is it? Cash-strapped BBMP is unable to generate funds for its own works. Hence the question of compensating over 33,000 property owners is remote. BBMP officials admit it would cost a whopping Rs 10,000 crore at current market prices to do so.
“I don’t think BBMP can sell TDRs to builders for the simple reason that there’s no market for TDRs as of now. In fact, buying TDR will be expensive compared to compensating property owners. BBMP is facing a financial crunch and is hardly in a position to buy TDRs. Besides, the government had formed a committee to come up with recommendations with TDR. BBMP could have waited for that before talking of a TDR bank,” says Ashwin Mahesh, urban expert and member of TDR solutions recommendations committee
Quotes:
It’s not feasible to implement it unless a TDR market is created and Akrama-Sakrama scheme scrapped. While BBMP is encouraging TDR purchase-reselling, it’s hoping to generate about Rs 5,000-odd crore through Akrama-Sakrama. As long as irregularities can be regularized through schemes like Sakrama, there will be no scope for TDR. Builders will prefer to make illegal constructions and later regularize them by paying penalty than legally purchase TDR and increase the Floor Area Ratio (FAR)
— V Ravichandar | civic expert
The only solution is to make TDR citizen-friendly. Karnataka Town and Country Planning Act and BBMP bylaws do not go hand in hand to the disappointment of TDR buyers. With regard to set back violations and parking facilities, there must be relaxation for TDR buyers. At present, BBMP allows 5% compoundable deviation. This must increase. Restrictions on selling TDRs in A, B and C zones should go though there’s price variation across zones — Amaresh | managing trustee, RTI study centre
Dropping the concept of road widening itself is the solution. Proper signalling at junctions needs to be done and encouraging public transport is a must
— Queenie D’Souza | senior citizen, Victoria Road
We need to create an area which can absorb TDRs in the outskirts. Here, BBMP can increase FAR to create a TDR pool. Such areas can also be in the heart of the city where vertical growth can be encouraged. TDR must be loaded on building structures, which at present has not been easy for builders as FAR is the limiting factor.
— Vivek Menon | civic expert, chief executive, Invicus
Last week’s announcement about a TDR bank without BBMP waiting for the recommendations of a committee set up by itself to explore the issue, has added to the intrigue. Casting people unwilling to part with their homes as citizens unwilling to look at the larger good of the city isn’t winning BBMP any brownie points either.
BBMP’s logic for TDRs:
* On 216 city roads, movement of vehicular traffic has become unmanageable and hence, need to be widened
* Private citizens — 33,000 of them — have to give up portions of their residential property for road widening
* As BBMP has no money to compensate people for property thus acquired, they would be given TDRs
* TDRs can be used to go `vertical’ i.,e add extra floors or sell it those who want to buy it
UNPOPULAR RIGHTS
What the authorities have forgotten in this debate is that to most people their home is their primary, and almost always, their biggest asset. The dream house built through enormous sacrifice has an emotive value which goes beyond the price in terms of rupees.
What also irks people is that the entire state machinery is galvanised to make people part with their homes without looking at other options. Also, what sticks in their throats is that road widening is unlikely to touch the homes of the rich and the connected, or the posher areas where people with clout live.
IT CAN’T BE FORCED
The fact is, BBMP cannot forcibly take away private properties through TDR. No acquisition can be done without the owner’s consent as per the current law under TDR. Alternatively, BBMP can forcibly acquire a property by paying the current market rate under the Karnataka Land Acquisition Act. “This is very expensive, tedious and time-consuming,” admit BBMP officials themselves.
ORIGINAL PURPOSE DEFEATED
The TDR was a scheme meant to preserve open spaces and heritage buildings in the heart of a city, moving development to the outskirts. But in Bangalore, it has morphed into taking chunks of land away from home owners all over the city.
HOW FEASIBLE IS A BANK?
BBMP, last week, said it would compensate property owners on Magadi Road by buying TDRs from them. But how feasible is it? Cash-strapped BBMP is unable to generate funds for its own works. Hence the question of compensating over 33,000 property owners is remote. BBMP officials admit it would cost a whopping Rs 10,000 crore at current market prices to do so.
“I don’t think BBMP can sell TDRs to builders for the simple reason that there’s no market for TDRs as of now. In fact, buying TDR will be expensive compared to compensating property owners. BBMP is facing a financial crunch and is hardly in a position to buy TDRs. Besides, the government had formed a committee to come up with recommendations with TDR. BBMP could have waited for that before talking of a TDR bank,” says Ashwin Mahesh, urban expert and member of TDR solutions recommendations committee
Quotes:
It’s not feasible to implement it unless a TDR market is created and Akrama-Sakrama scheme scrapped. While BBMP is encouraging TDR purchase-reselling, it’s hoping to generate about Rs 5,000-odd crore through Akrama-Sakrama. As long as irregularities can be regularized through schemes like Sakrama, there will be no scope for TDR. Builders will prefer to make illegal constructions and later regularize them by paying penalty than legally purchase TDR and increase the Floor Area Ratio (FAR)
— V Ravichandar | civic expert
The only solution is to make TDR citizen-friendly. Karnataka Town and Country Planning Act and BBMP bylaws do not go hand in hand to the disappointment of TDR buyers. With regard to set back violations and parking facilities, there must be relaxation for TDR buyers. At present, BBMP allows 5% compoundable deviation. This must increase. Restrictions on selling TDRs in A, B and C zones should go though there’s price variation across zones — Amaresh | managing trustee, RTI study centre
Dropping the concept of road widening itself is the solution. Proper signalling at junctions needs to be done and encouraging public transport is a must
— Queenie D’Souza | senior citizen, Victoria Road
We need to create an area which can absorb TDRs in the outskirts. Here, BBMP can increase FAR to create a TDR pool. Such areas can also be in the heart of the city where vertical growth can be encouraged. TDR must be loaded on building structures, which at present has not been easy for builders as FAR is the limiting factor.
— Vivek Menon | civic expert, chief executive, Invicus
