Levy of betterment charge

(1) Where, in the opinion of an Authority, as a consequence of a Plan or a Scheme having been implemented in any Zone or in any other area, the value of any immovable property has increased, the Authority shall have power to levy upon the owner of the property or any person having an interest therein a betterment charge in respect of the increase in value of the property resulting from the implementation of the Plan or the Scheme: Provided that no betterment charge shall be levied in respect of the properties owned by the State Government or the Central Government; Provided further that where any such property belonging to any such Government has been let out to any person, such person shall be liable to pay betterment charge under this section; Provided further that no betterment charge shall be levied on any property belonging to public charitable, religious, recreational or educational institutions. Provided also that no betterment charge shall be levied on any property belonging to an individual, if the State Government find him deserving for exemption. (2) The betterment charge leviable under this section shall be- (a) twenty-five percent of the increase in value in respect of residential land. (b) fifty percent of the increase in respect of non-residential land. Explanation- The increase in value for the purpose of this section shall be the increase in the market value in between the date just before the implementation of the plan or the Scheme and the date on which the execution of the works of such implementation has been substantially completed. (3) Such betterment charges shall be assessed in such manner as may be prescribed, and a copy of the order of assessment shall be delivered to the person liable for the betterment charge. (4) Such order of assessment subject to the provisions of section 57 shall be final and shall not be questioned in any court of law.