(l) Ifit appears to a Local Planning Authoriry that it is expedient in the interest ofproper planning of its areas (including the interests ofamenities) having regard to the Development Plan prepared or under preparation, or to be prepared, and to any other material consideration - 51
(a) that any use of land should be discontinued ;
or
(b) that any conditions should be imposed on the continua[ce thereof ; or
(c) that any buildings or works should be altered or removed the Local Planning Authority may, by notice served on the owner, -
(i) require the discontinuance ofthat use, or
(ii) impose such conditiors, as may bc specified in the notice on the continuance thereof; or
(iii) requae such steps, as may be specified rn the notice tobe taken for the alteration orremoval ofany buildings orworks, as the case may be, within such period, being not less than one month, as may be specihed therein. after the service of the notice.
(2) Any person aggrieved by such notice may within the said period and in the manner prescribed, appeal to the Board / Authoriry
(3) lfan appeal is filed under the last foregoing subsection the provisions ofclause (a) ofsub-section
(3) and sub-section (4) and (5) ofSection 36 shall apply with such modifications as may be necessary.
(4) Ifany person (D u ho has su ffered damage in consequcnce of the compliance with the notice, by the depreciation of any interest in thc land to which he is entitled to or by being disrurbed in his enjolirncnt ofthe land or
(ii) who has carried out any works in compliance with the notice claims from the Local PlanningAuthority, within the time and in the manner prescribed compensation in respect of that damage or of any expenses reasonably incurred 52
(5) (a) by him for complying with the notice the provisions of sub-sections (3) to (5) of section 33 shall apply with such modifications as may be necessary.
ifany person interested in the land in respect of which a notice is issued under t}is section claims that by the reason of the compliance with the notice the landwill become i-ncapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal ofthe appeal, ifany hled under sub-section (2) and in the manner prescribed, serve on the State Goverrunent, and acquiring his interest in the land to be acquired.
When a rotice is served under the last foregoing sub-section the provisions of subsections (2) to (5) of section 32 shall apply with such modifications as may be necessary.
(b) CTI,\PfER-VIII Levy, Assessment and Recovery oJ Development Charge, Levy of developmeot charge..
3e. (l)
(2) Subject to the provisions ofthis Act, and the rules so made under it and with previous sanction ofthe State Government/ State Urban and Country Planning Board, every Local Ptanning Authority shall by a notification published in the Official Cazette, levy a charge (hereinafter called Development Charge) on the carrying out of any development or the institution or change ofuse of land, for which permission is required under Chapter VI of this Act, in the whole or any part of the planning area, at rates specified in section 40:
Provided that the rate may be different for different parts of the plaming area.
The charge shall be leviable on any person who undertakes or carries out such development and institutes or changes any such use.
53
(3) Notwithstanding anything contained in subsections (1) and (2), no development charge shall be levied on development or institution ofor change ofuse ofany land vested in or uflder the control or possession of the Central Govemment/State Govemment or any Local Authoriry
(4) The State Govemment/ State Urban and Country Planning Board, may by rules provide for the exemption Aom the le\y ofthe development charge any development, or institution or change of any use ofany land specified in the rules;
40. The Developmert Charge shall not exceed; Rates ofthe
(l) (a) For the institution ofuse: 1:]t]:o*t"charge.
@ for residenc Rs.................... 5/. persq. met€r.
(ii) for industry Rs......--.......... 50/- persq. meter.
(iii) for commerce Rs................. 25l- per sq. meter.
(b) For change ofuse:
(i) from agriculnrre to residence... Rs.25l- per.sq.
meter.
(ii) from agriculture to industry... Rs.50/-persq meter.
(iii) from agriculnre to commerce... Rs.25l- persq.
meter.
(iv) from residence to industry ... Rs.50lpersq.
meter.
(v) from residence to commerce... Rs.25l- per.sq.
meter.
(vi) from industry to residence... Rs.50/- per.sq.
meter.
(vii) from industry to commerce ... Rs.25l-persq.
meter.
(2) For carryrng on ofdevelopment ...
by erection or re-erection ofany building of works.
Rs.5/- per cu bic meter ofthe content of such building orworl<s.
Note: The amount may be reviewed by theGovernment from time to time.
Assessmenr of 4l development charge.
54
(1) Any person who intends to carry out any development or to institute or change any use of any land for which permission under ChapterVl is necessary! u'hether he has applied for such permission or not, or who has commenced the carrying out ofany such development orhas carried out such developrnent or instituted or changed any such use, shall apply to Planning Authority ,{.ocal Planning Authority in the manner prescribed for the assessment ofdevelopment charge payable in respect thereof.
(2) The State Urban and Country Planning Board I Local Planning Authority shall, on such application being made, or ifno such application is made, after serving a notice on the person liable for development charge, dctermine whether or not and ifso, what development charge is leviable in respect ofthat development or use.
(3) The Special Officer nominated for the purpose shall after giving a reasonable opporhrnity of being heard to the person who has made an application under sub-section ( l) or who has been served with a notice under sub-section (2) make a report to the Local Planning Aufiority and State Urban and Country Planning Board.
(4) After taking into consideration the aforesaid report the Local Planning Authority and State Urban and Country Plaruring Board shall assess the amount ofdevelopment charge by an order
Provided that -
(a) where permission under Chapter-Vll has not been granted for carrying out the said development, the District ljrban Development and State Urban and Country Planning Board may postpone the assessment of the development charge:
(b) wherc the application relates to the carrying out of any development, the Local Planning Authority and State Urban and Country Planning Board may refuse to assess the
(5)
(6)