section 40
Assessment of development charge
The Tripura Town and Country Planning Act, 1975Infrastructure197573 sections10 chapters
Chapter VIII LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE
Statutory text
- (1) Any pei-son who intends to carry out nny development or to institute 01- ch;lnge any use of any land for which permission under Chapter VII is ncccssary, whether he l~ns applied Tur such perniissio~l or not, or who has comtnenced the carrying out of any such development or has carried ou~ such dcvclopment 01- institu~ed or changed any such use, shall apply to the planning authority in [he manner prescribed for the assessment of develop~nent charge payable in respect thcrcof.
- (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 Tor . develop~llen t charge, determine whether or not, and if so, whai developnlenr charge is leviable in respecl of that devclopmcnt or use.
- (3) Thc Town Planning Officer, shall, alrer giving a reasonable opportunity of being heard to rhe person who has madc an applicaiion under sub-seclion
- (I) or who has becn scrvcd with a notice under sub-scction (2), make a reporl ro the planni~~g nuthol-ity.
- (4) Aftel- taking inlo consideration the aforesaid report the planning aulhority shall assess the iirnounr of development charge by an order provided that -
- (a) where permission under Chapter VII has not been granled forcal~ying our [he said dcvelop~ncnt, the planning aurhoriry rnay postpo~~c thc assessment nf thc dcvclopment charge ;
- (b) where the application relates LO the carrying out of any development, the planning authority may reiuse to assess the developrne~~t charge payable in respect thereof, unless it is satisfied thal rhe applicant has an in~eresl in rhe lilild suflicienr to enable him to carry out such development, or that rhc applicant is able to obtain such illrerest and that thc applicant will carry out the development within such period as the planning authori~y coilsiders appropriate ;
- (c) where Lhe applicalion relates to the instilution or change oP any use, Ihe planning authority may refuse to assess the amount of developn-tent chargc in respect thereof unless it is snlisiied thar [he use will bc instituted within such period as [he planning authority considcrs appropriate.
- (5) Thc planning autl~ol-ity shall deliver or serve a copy of such order on thc applicant or thc pcrson liable for the development charge. (6 Such order or assessment, subject to provisions of section 41 shall be final and shall not be questioned in any Court.
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