Chapter XIII LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT

(i) Subject to the provisions of this Act and the rules made thereunder, the Authority may levy a charge (hereinafter called the development charge) for the 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 local planning area or the site for a new township in the manner hereunder provided. (ii) (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 the 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 local planning area or the site for a new township.

Provided that deferent rates of development charge may 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. (iii) The rates of development charge leviable shall be assessed by the Expert Committee (Arbitrator) on a reference having been made in this behalf to the Arbitrator by the Authority.

(i) On receipt of a reference from the Authority for the assessment of development charge under section 113, the Expert Committee (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. (ii) On the assessment of development charge under sub-section (i) the Expert Committee (Arbitrator), 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. (iii) For removal of doubts it is hereby declared that no person shall refuse to pay the development charge assessed under sub-section (i) 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. (a) The development charge payable in respect of any land or building shall be 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 realization, be recoverable from such person or his successor in interest in such land or building as arrears of land revenue.

(i) Where a scheme has been prepared under Chapter XII of this Act, the Authority is of the opinion that as a consequence 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 of the State Government. (ii) The rates of betterment charge leviable under sub-section (i) shall be assessed by the Expert Committee (Arbitrator) on a reference having been made to the Expert Committee (Arbitrator) by the Authority.

(i) Any person aggrieved by an order passed by the Expert Committee (Arbitrator) under section 131 or section 132 may, within a period of sixty days from the date on which the order was communicated to him, in the manner specified in section 96, prefer appeal against such order to the Tribunal of Appeal. (ii) 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. – a) confirm reduce enhance or annual the order of assessment, or b) set aside such order and direct the Expert Committee (Arbitrator) to make a fresh assessment after such further enquiry as may be directed, or c) pass such other order as it may think fit. (iii) The decision of Tribunal of Appeal shall be final and binding on all the parties to such appeal. (iv) Notwithstanding that an appeal has been prepared under sub-section (i), 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 applicant furnished stuffiest security to its satisfaction for such payment, in such from and in such manner as may be prescribed. (v) Any other 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.