Chapter IX Levy, Assessment and Recovery of Development Charge

1. (1) Subject to the provisions of this Act and the rules made thereunder, and with the previous sanction of the Government, every Planning and Development Authority shall, by a notification, levy a charge (hereinafter called the Development Charge) on the carrying out of any development or the institution or change of use of land for which permission is required to be obtained under Chapter VII, in the whole or any part of the Planning area, at the rates specified in section 101: Provided that different rates may be specified for different parts of the planning area.
2. (2) The Development Charge shall be leviable on the person who undertakes or carries out such development and institutes or changes any such use.
3. (3) Notwithstanding anything contained in sub-sections (1) and (2), no Development Charge shall be levied on the development or institution, or change of use of any land vested in, or under the control or possession of, the Central Government, the Government or any local authority.
4. (4) The Government may by rules provide for exemption from the levy of development charge on the development, institution or change of use of any land under this section.

1. (1) The Government may, by notification, levy a fee to be charged for processing of applications filed with the Board, for change of Zone in notified Regional plan of Goa, Outline Development Plans, Comprehensive Development Plans and Zoning Plans.
2. (2) The Government may, by notification, levy a fee to be charged for change of Zone in Regional plan of Goa, Outline Development Plans, Comprehensive Development Plans and Zoning Plans from the notified Zone to other Zone.]

The maximum and minimum development charges and the classification on the basis of which such maximum and minimum charges are fixed shall be such as may be prescribed.

The rate of processing fee or fees for change of Zone leviable under section 100A shall be such as may be notified by the Government.

1. (1) Any person who intends to carry out any development, or to institute, or change, any use of any land for which permission under Chapter VII is necessary, whether he has applied for such permission or not or 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 Planning and Development Authority in the manner prescribed for assessment of development charge payable in respect thereof.
2. (2) The Planning and Development Authority shall, on such application being made, or if no such application is made, after serving a notice on the person liable for Development Charge, determine in the manner specified in sub-sections (3) and (4), the Development Charge, if any, leviable in respect of that development or use.
3. (3) The Town Planning Officer shall, after giving 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) make a report to the Planning and Development Authority.
4. (4) After taking into consideration the report of the Town Planning Officer made under sub-section (3), the Planning and Development Authority shall assess the amount of Development Charge by an order: Provided that—
   • (a) where permission under Chapter VII has not been granted for carrying out the said development, the Planning and Development Authority may postpone the assessment of the Development Charge;
   • (b) where the application relates to the carrying out of any development in any land, the Planning and Development 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 will carry out the development within such period as the Planning and Development Authority considers appropriate;
   • (c) where the application relates to the institution or change of any use of land, the Planning and Development Authority may refuse to assess the amount of Development Charge payable in respect thereof unless it is satisfied that the use will be instituted within such period as the Planning and Development Authority considers appropriate.
5. (5) The Planning and Development Authority shall deliver or serve a copy of such order on the applicant or the person liable for the Development Charge.
6. (6) An order of assessment made under this section shall, subject to the provisions of section 103 be final and shall not be questioned in any court.

1. (1) Any person aggrieved by an order of assessment made under section 102 may, within such time and in such manner as may be prescribed, appeal to the Board.
2. (2) On an appeal made to the Board under sub-section (1), the 107 [Chief Town Planner (Administration)] shall, after giving a reasonable opportunity of being heard to the appellant and the Planning and Development Authority concerned, make a report to the Board.
3. (3) The Board, may, after taking into consideration the aforesaid report, and if it deems necessary, after giving a reasonable opportunity of being heard to the appellant and the Planning and Development Authority concerned, pass such order as it deems fit.

1. (1) If any development of land is commenced or carried out or any use is instituted or changed with- out payment of the amount of the Development Charge assessed under the provisions of this Act, the amount of the Development Charge shall, subject to prior payment of the land revenue, if any, be a first charge upon the interest of the person so liable on the land on which development has been commenced or carried out or the use has been instituted or changed.
2. (2) The Development Charge shall be recoverable as if it were an arrear of land revenue.