When a society or landowner first looks at its plot on Mumbai’s Development Plan 2034, there is often a shock: a strip along the front is marked for road widening, or a corner is reserved for a garden, a school or a municipal market. Will we lose that land? Will we get anything for it? The good news is that the rules usually give something back, often in a form that is very valuable for redevelopment.
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Two different situations
- Road set-back or DP road: part of the plot falls within the planned width of an existing or proposed road. When you redevelop, that strip is usually handed over to BMC.
- Reservation: part or all of the plot is earmarked for a public purpose, such as a garden, playground, school, hospital or parking.
Compensation for road set-back
Under DCPR 2034, when land is handed over free for road widening, the owner generally does not lose its development potential. Depending on the case, the owner can get:
- In-situ FSI: the FSI of the surrendered strip can be used on the remaining plot, or
- TDR: Transferable Development Rights that can be used on another plot or sold in the market.
A wider road in front can also help, because the permissible TDR loading and height often increase with road width. So a set-back that looks like a loss can sometimes improve the project.
Options for reserved land
- Surrender for TDR: hand the reserved portion to BMC and receive TDR in return.
- Accommodation Reservation: for many reservations, the owner can build the public amenity (for example, a dispensary or a market), hand it over to BMC, and in return use the balance development potential on the plot.
- Acquisition: BMC can acquire the land and pay compensation in money.
Where a reservation has been on a plot for a long time without the authority acquiring it, the planning law sets out a procedure that may, in some cases, allow the reservation to lapse. This is technical, so take legal advice before relying on it.
Why it matters in negotiations
- The TDR generated from a set-back or reservation belongs to the landowner. In a redevelopment, the society should know its value and make sure the developer’s offer reflects it.
- A developer who quietly takes the TDR without crediting the society is taking real money.
- Set-backs also change the building’s footprint, so the layout and parking must be planned on the net plot.
First steps
- Get a DP remark (zone certificate) from BMC for your plot.
- Have an architect measure exactly how much land is affected.
- Include the FSI or TDR in the feasibility report, with its market value.
- State clearly in the agreement who gets the benefit.
Is part of your plot under a road or reservation? Mungekar Realty helps societies and landowners across Mumbai understand what that land is worth and make sure it is counted in any redevelopment offer. Call 98207 44734 or visit mungekarrealty.com.
This article is general information about DCPR 2034. Compensation depends on the type of road or reservation and current rules; consult an architect and advocate for your plot.