Assessment of Development Charge

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.