Chapter VI Chapter VI

Where any work which the Highway Authority is empowered to undertake by or under the provisions of this Act is undertaken, the officer authorised by the Government in this behalf shall give notice to the persons known or believed to be the owners or interested in the lands benefited by such work requiring them to appear before him either personally or by an agent at a time and place therein mentioned (such time not being earlier than 30 days from the date of notice) to their objections, if any, to the imposition and recovery of betterment charges on such lands: Provided that no such notice shall be given unless the Collector with the previous sanction of the Government has declared that the value of such lands is likely to increase or has increased by reason of the construction of such work.

On the date fixed under section 41 or on such other date to which the inquiry may be adjourned the officer authorised under section 41 shall, after holding a formal inquiry and after hearing the objections, if any, stated by the persons as required by notice under section 41, make an order. The order shall specify— (a) the lands benefited by the construction of the work; (b) the increase in the value of such lands by the proposed construction; (c) the amount of the betterment charges leviable on each of the said lands; (d) the date from which such betterment charges shall be leviable: Provided that no betterment charges shall be leviable in respect of any land— (a) which is unsuitable for development as a building site, or (b) which is situate beyond a distance of two hundred metres from the middle of the highway on either side.

The increase in value on account of the construction of such work shall be the amount by which the value of the land on the date of the completion of the proposed work is likely to exceed or has exceeded the value of the land on the date of the commencement of the said work and the betterment charges shall be one-half of such increase in value. Explanation.— For the purpose of this section, the Government shall, by notification in the Official Gazette specify— (a) the date of commencement of the construction of any work, (b) the date of completion of such work.

(1) Any person aggrieved by the order fixing the betterment charges may, by a written application to the officer authorised under section 41, require that the matter be referred to the Civil Judge (Senior Division). (2) Any such application shall be made within six weeks from the date on which the order of the officer referred to in sub-section (1) was communicated to such person and shall be in such form as may be prescribed. (3) The provisions of sections 5, 12 and 14 of the Limitation Act, 1963, shall apply to the computation of the time fixed for reference under sub-section (2). (4) The officer authorised under section 41 shall make the reference in such manner as may be prescribed.

The order fixing the betterment charges made under section 42, subject to a reference to the authority specified in section 44 and the decision of such authority on such reference shall be final.

From the date specified in the order fixing the betterment charges as the date from which such charges shall be leviable, or from such date as may be otherwise specified by the authority specified in section 44 as the date from which such charges shall be leviable, the betterment charges recoverable in respect of any land shall, subject to the prior payment of the land revenue, if any, due to the Government thereon, be a first charge on the land in respect of which such betterment charges are leviable.

The betterment charges shall be payable on the date fixed under the rules made by the Government under section 72: Provided that the owner of the land on which such charges are imposed may execute an agreement in favour of the Government agreeing to pay the amount of such charges by annual instalments together with interest at such rate and within such period as may be prescribed.

Notwithstanding anything contained in section 47, the Government may allow the owner of the land on which the betterment charges may be payable to relinquish the whole or any part of the land or to deliver it in exchange in lieu of payment of the charges, in favour of the Government on such conditions as may be prescribed: Provided that no such relinquishment or exchange shall be permitted unless the land is free from encumbrances.