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 under the provision of Chapter-VIII of this Act is necessary whether he has applied for such permission or not or who has commenced carrying out any such development or has carried out such development or instituted or changed any such use shall apply to the Planning Authority in the manner prescribed for the assessment of Development Charge payable in respect thereof. (2) The Planning 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, refer it to the Senior Town Planner for a report. (3) The Senior Town Planner shall, after making such enquiries as he may deem necessary and after giving a reasonable opportunity of being heard to the person who made an application under sub-section (1), make a report to the Planning Authority. (4) After taking into consideration the aforesaid report, the Planning Authority shall assess the Development Charge by an order: Provided that -- (a) where permission under Chapter-VIII of this Act has not been granted for carrying out the said development, the Planning Authority may postpone the assessment of the Development Charge; (b) 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 or building 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; (c) where the application relates to the institution or change of any 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 it considers appropriate. (5) The Planning Authority shall deliver or serve a copy of such order on the applicant or the person liable for the Development Charge. (6) Such order of assessment subject to provisions of section 55 shall be final and shall not be questioned in any Court.