Chapter XIII Chapter XIII

(1) Subject to the provisions of this Act and the rules made thereunder, the Authority may, with the previous sanction of the State Government, by notification, levy a charge (hereinafter called the development charge) for recovery of total cost of amenities already provided or proposed to be provided in future by the Authority or on the institution or change of, use of land or buildings or on the carrying out of any development under this Act in the whole or any part of the planning area in the manner hereinafter provided. (2)(a) Where no other mode of recovery of the cost of any scheme prepared by the Authority under Chapter XII is provided under this Act, the Authority may levy development charge not exceeding the amount of total cost of amenities already provided or proposed to be provided in future with a view to recover the cost of such amenities. (b) The development charge may also be levied on the institution, or change of, use of land or building or on the carrying out of any development in the planning area : Provided that different rates of development charge may be levied for different parts of the planning area and for different uses : Provided further that no development charge shall be levied on institution, or change of, use of any land or building vested in or under the control or in possession of, the Central Government or the State Government. (3) The rates of development charge leviable shall be assessed by the Arbitrator on a reference having been made in this behalf to the Arbitrator by the Authority.

(1) On receipt of a reference from the Authority for the assessment of development charge under section 141, the Arbitrator may, after serving a notice in writing on the person liable to pay development charge and after giving them opportunity of being heard and after calling a report in this behalf from the Authority, assess the amount of development charge payable by such persons in respect of the lands or buildings owned by them. (2) On the assessment of development charge under sub-section (1) by the Arbitrator, the Authority shall give to the person liable to pay development charge a notice in writing of the amount of development charge payable by him and the date by which such payment shall be made and such notice shall also state that in the event of failure to make such payment on or before such date interest at the rate as may be prescribed shall be payable from such date on the amount remaining unpaid. (3) For removal of doubts it is hereby declared that no person shall refuse to pay the development charge assessed under sub-section (1) merely on the ground that the amenities already provided or proposed to be provided in future for which the development charge have been levied and assessed are not required by him or he does not want to avail the same. (4) (a) The development charge payable in respect of any land or building shall be a first charge on such land or building subject to the prior payment of land revenue, if any, due to the State Government thereon and any other sum due to the Authority. (b) All development charges payable in respect of any land or building by any person shall, together with interest due up to the date of realisation, be recoverable from such person or his successor in interest in such land or building as arrears of land revenue.

(1) Where a scheme has been prepared under chapter XII of this Act, the Authority is of the opinion that as a consequent of the scheme having been executed the value of any land or building in a planning area has increased or is likely to increase, the Authority may in respect of such land or building, levy a charge (hereinafter called the betterment charge) keeping in view the increase or likely increase of value resulting from the execution of such a scheme : Provided that the betterment charge so levied shall not exceed one- third of the amount by which the value of the land or building has increased or is likely to increase : Provided further that no betterment charge will be levied on the land vested in or under the control, or in the possession of the Central Government or the State Government. (2) The rates of betterment charge liavable under sub-section (1) shall be assessed by the Arbitrator on a reference having been made to the Authority by the Authority. (3) As soon as reference is received by the Arbitrator under sub-section (2), he shall serve a notice in writing on the person liable to pay betterment charge and after giving the person concerned an opportunity of being heard and after calling for a report in this behalf from the Authority, the Arbitrator shall assess the amount of the betterment charge payable by such a person. (4) On the assessment of the betterment charge under sub-section (3), the Authority shall give to the person liable to pay such charge a notice in writing of the amount of betterment charge payable by him and the date by which such payment shall be made and such notice may also state that in the event of failure to make such payment on or before such date, the interest at such rate as may be prescribed shall be charged on the amount remaining unpaid. (5) (a) The betterment charge payable in respect of any land or building shall be a first charge on such land or building subject to the prior payment of land revenue, if any, due to the State Government thereon and any other sum due to the Authority. (b) The betterment charge payable in respect of any land or building by any person shall together with interest due up to the date of realisation, be recoverable from such person or his successors in interest in such land or building as arrears of land revenue.

(1) Any person aggrieved by an order passed by the Arbitrator under section 139 or section 140 may, within a period of sixty days from the date on which the order was communicated to him, in the manner specified in section 104, prefer appeal against such order to the Tribunal of Appeal. (2) In disposing of an appeal, the Tribunal of Appeal may, after giving the appellant an opportunity of making his representation and also hearing the Authority - (i) confirm, reduce, enhance or annul the order of assessment, or (ii) set aside such order and direct the Arbitrator to make a fresh assessment after such further enquiry as may be directed, or (iii) pass such other order as it may think fit. (3) The decision of Tribunal of Appeal shall be final and binding on all the parties to such appeal. (4) Notwithstanding that an appeal has been preferred under sub-section (1), the payment of development charge or the betterment charge in accordance with the order against which the appeal has been preferred, shall not be stayed : Provided that the Tribunal of Appeal may, in its discretion, give such directions as it thinks fit in regard to the payment of the development charge or the betterment charge before the disposal of the appeal if the appellant furnishes sufficient security to its satisfaction for such payment, in such form and in such manner as may be prescribed. (5) Any order passed by the Tribunal of Appeal under the provisions of this section shall be enforced by such authority and in such manner as may be prescribed.