Settlement of betterment charges by arbitrators

General200564 sections

Statutory text

(1) Any person who is served with a notice under sub-section
(3) of section 39 may, by written notice to the Authority within thirty days from the date of receipt of the notice, elect to refer the matter to the determination of an arbitrator to be appointed by the Government.
(2) Where any such objection is made the Authority shall make a reference to the arbitrator appointed by the Government.
(3) On receipt of such reference, the arbitrator shall, after such enquiry as he thinks fit and after giving to the objector and the Authority an opportunity of being heard, determine the amount of the betterment charge payable by such person.
(4) The payment of betterment charge by the owner or other person interested in the property shall be final and conclusive.
(5) The arbitrator shall have the same powers as a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-
- (a) summoning and enforcing the attendance of any person and examining him on oath;
- (b) requiring the discovery and production of documents;
- (c) receiving evidence on affidavits.

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