section 40
The
The Arunachal Pradesh Urban and Country Planning Act, 2007General200757 sections
Statutory text
Developmert Charge shall not exceed; Rates ofthe
- (l) (a) For the institution ofuse: 1:]t]:o*t" charge. @ for residenc Rs.................... 5/. persq. met€r. (ii) for industry Rs......--.......... 50/- persq. meter. (iii) for commerce Rs................. 25l- per sq. meter. (b) For change ofuse: (i) from agriculnrre to residence... Rs.25l- per.sq. meter. (ii) from agriculture to industry... Rs.50/-persq meter. (iii) from agriculnre to commerce... Rs.25l- persq. meter. (iv) from residence to industry ... Rs.50lpersq. meter. (v) from residence to commerce... Rs.25l- per.sq. meter. (vi) from industry to residence... Rs.50/- per.sq. meter. (vii) from industry to commerce ... Rs.25l-persq. meter. (2) For carryrng on ofdevelopment ... by erection or re-erection ofany building of works. Rs.5/- per cu bic meter ofthe content of such building orworl<s. Note: The amount may be reviewed by theGovernment from time to time. Assessmenr of 4l development charge. (1) Any person who intends to carry out any development or to institute or change any use of any land for which permission under ChapterVl is necessary! u'hether he has applied for such permission or not, or who has commenced the carrying out ofany such development orhas carried out such developrnent or instituted or changed any such use, shall apply to Planning Authority ,{.ocal Planning Authority in the manner prescribed for the assessment ofdevelopment charge payable in respect thereof. (2) The State Urban and Country Planning Board I Local Planning Authority shall, on such application being made, or ifno such application is made, after serving a notice on the person liable for development charge, dctermine whether or not and ifso, what development charge is leviable in respect ofthat development or use. (3) The Special Officer nominated for the purpose shall after giving a reasonable opporhrnity of being heard to the person who has made an application under sub-section ( l) or who has been served with a notice under sub-section (2) make a report to the Local Planning Aufiority and State Urban and Country Planning Board. (4) After taking into consideration the aforesaid report the Local Planning Authority and State Urban and Country Plaruring Board shall assess the amount ofdevelopment charge by an order Provided that - (a) where permission under Chapter-Vll has not been granted for carrying out the said development, the District ljrban Development and State Urban and Country Planning Board may postpone the assessment of the development charge: (b) wherc the application relates to the carrying out of any development, the Local Planning Authority and State Urban and Country Planning Board may refuse to assess the (5) (6) 42. (1) (2) (3) 5l development charge payable in respect thereof, unless it is satisfied that the applicant has an interest in the land sufhcient to enable him to carry out such development, or that the applicant will carry out the development within such period as the Local Planning Authority and State Urban and Country Planning Board considers appropriate; (c) Where the application relates to the institution or change of any use the Local Planning Authority and State Urban and Country Planning Board may refirse to assess the amount of development charge in respect thereof unless it is satisfied that thc use will be instituted within such period as the Local Planning Authoriry considers appropriate. The Local Planning Authority and State Urban and Country Planning Board shall deliveror serve a copy ofsuch order on th€ appliaant or the person liable for the development charge Sucb order of assessment. subject to provisions of section 42, shall be final and shall not be questioned in any court. Ifanyperson, liable for such development charges is dissatisfied with the order ofassessment, he may, within such time and in such manns as may be prescribed appeal to the State Govemment/ State Urban and Country Planning Board. On an appeal made to the State Government/ State Urban and Country Planning Board under sub- section ( I ), the Director'Iown Planning/ ChiefTowa Planner, as the Secretary to the State Govemmen, State Urban and Country Planning Board, shall after giving reasonable opportunity ofbeing heard to such person and the Local Planning Authority concerned make a report to the State Governme[, State Urban and Country Planning Board. The State Goverrunenv State Urban and Country Planning Board may after taking into consideration Appeals against assessment. Development charge to be a charged on land to be recoverable as arrears ofland Ievenues. Funds of the hcal Planning Authority. the aforesaid report and if it deems necessary, giving a reasonable opportunity ofbeing heard to such person and the Local Planning Authority concemed, pass such order as it deems fit. (l) Ifany development ofland is cornmenced or carried out or any use is instituted or changed without payment of the amount of the development charge assessed under the provision of this chapteq the amount ofthe development charge shall subject to prior payment ofthe land revenue, ifany be a first charge upon the interest of the person so liable in the land on rvhich development has been commenced or caried out or the use has been instituted or changed, aad also in any other land in which such person has any interest. (2) The development charge shall be recoverable as arrears of land revenue. CIIAPTER_D(
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