Chapter VIII LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE

Development Charge.-Where permission for use or change of use or development of any land or building is granted under Chapter-VI of this Act in the whole or any part of the Planning Area, and such change is capable of yielding a better income to the owner, the Appropriate Authority may levy a development charge in the manner prescribed.

Levy of Development Charge.-(1) Subject to the provisions of this Act a Planning Authority including a Local Authority where such Local Authority is the Planning Authority shall levy development charges, with the prior approval of the Government, by notification, on the institution of use or change of use of land or building or development of any land or building for which permission is required under this Act within the Planning Area, at such rate which will be specified in the said notification; Provided that rates of development charge may be different for the different parts of the Planning Area and for different uses

1. (2) The Government may provide for exemption from the levy of development charge on any development, or institution of change, or change of any use of any land and building specified in the Rules. (3)
   • (a) The development charge on lands and buildings levied shall be assessed with reference to their use and location for different purposes as prescribed.
   • (b) The rate of development charge shall be fixed by the Government by notification Explanation:- The publication of any Development Plan or scheme by a Planning Authority shall be deemed to be included in the meaning of 'by any other mode' as mentioned in the Explanation to Sub-Section (2) of Section -1 of the Bihar Agricultural Land (Conversion for Non- Agriculture Purposes) Act, 2010. (Bihar Act 11, 2010)

Assessment of Development Charge.-(1) Any person who intends to carry out any development or institute or change any use of any land or building for which permission is required under this Act, whether he has applied for such permission or not, or any person who has commenced the carrying out of any such development or has carried out such development or instituted or changed any such use, shall apply to the Appropriate Authority within such time and in such manner as may be prescribed for the assessment of development charge payable in respect thereof.

1. (2) On an application being made under Sub-Section (1), or if no such application is made, after serving a notice in writing on the person liable to make such payment, the Planning Authority shall, after giving the person concerned an opportunity of being heard, and after calling for a report in this behalf from an officer of the authority, determine whether or not, and if so, what development charge is levied in respect of that land or building as a result of the carrying out of such development or institution of use, or change of use, the amount payable, and fix a date by which the payment shall be made.
2. (3) The Planning Authority shall, give a reasonable opportunity of being heard to the person who has made an application under Sub-Section (1) or who has been served with a notice under Sub-Section (2);
3. (4) After hearing the persons, the Planning Authority shall assess the amount of development charge by an order: Provided that :-
   • (a) where the application relates to the carrying out of any development, the Planning Authority may refuse to assess the development charge payable in respect thereof, unless it is satisfied that the applicant has an interest in the land sufficient to enable him to carry out such development, or that the applicant is able to obtain such interest and that the applicant will carry out the development within such period as the Planning Authority considers appropriate;
   • (b) where the application relates to use or change of use, the Planning Authority may refuse to assess the amount of development charge in respect thereof unless it is satisfied that the use will be instituted within such period as the Planning Authority considers appropriate.
4. (5) On the determination of the development charge levied under Sub-Section (2), the Planning Authority shall give to the person liable to pay such charge a notice in writing of the amount of development charge payable by such person and the date by which such payment shall be made and such notice shall also state that in the event of failure to make such payment on or before such date interest at the rate as prescribed in the Rules under this Act shall be payable from such date on the amount remaining unpaid. (6)
   • (a) The development charge payable in respect of any land or building shall be a first charge on such land or building, subject to the prior payment of land revenue , if any, due to the Government thereon and any other sum due to the Planning Authority.
   • (b) All development charges payable in respect of any land or building by any person shall, together with interest due up to the date of realization, be recoverable from such person or successor-in-interest in such land or building as arrears of land revenue.
5. (7) An order of assessment of development charge shall be final and shall not be questioned in any Civil Court.

Levy of Infrastructure and Amenities Charges.-(1) Every Local Authority or the Planning Authority, as the case may be, while according a building permit under the relevant laws, shall levy charges so as to meet the impact of development and for providing adequate infrastructure and basic amenities at the rates as determined and in accordance with such procedure as may be prescribed which shall not be less than minimum and not more than the maximum as may be prescribed, and different rates may be prescribed for different parts of the Planning Area and for different uses of a building

1. (2) The infrastructure and amenities charges shall be levied on any person who undertakes or carries out any such development or institutes any use or changes any such use of a building.
2. (3) The collection of the infrastructure and amenities charges shall be made in the manner as may be prescribed.

Appeal.-(1) Any person aggrieved by an order passed by the Planning Authority may, within a period of two

1. (2) months from the date on which the order was communicated to him in the manner prescribed, appeal against such order to the Tribunal; Provided that the Tribunal may admit an appeal preferred after the expiration of the said period if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
2. (2) The appeal shall be made and verified in the prescribed manner and shall be accompanied by such fee as may be prescribed.
3. (3) In disposing of an appeal, the Tribunal may, after giving the appellant an opportunity of making his representation and also hearing the Planning Authority whose order is appealed against,-
   • (a) confirm, reduce, enhance, or annul such assessment; or
   • (b) set aside such assessment and direct the authority to make a fresh assessment after such further inquiry as may be directed; or
   • (c) pass such other order as it may think fit.
4. (4) The decision of the Tribunal shall be binding on all the parties to such appeal.
5. (5) Notwithstanding that an appeal has been preferred under Sub-Section (1), the payment of development charges in accordance with the order or decision of assessment against which the appeal has been preferred shall not be stayed. Provided that the Tribunal may, in its discretion, give such directions as it thinks fit in regard to the payment of the development charges before the disposal of the appeal if the appellant furnishes sufficient security to its satisfaction for such payment in such form and in such manner as may be prescribed.
6. (6) Any order passed by the Tribunal under the provisions of this Chapter shall be enforced by such authority and in such manner as may be prescribed.