(1) Any person aggrieved by the order fixing the betterment charges may, by a written application to the officer authorized under section 41, require that the matter be referred, if the land in relation to which the order is made is situate,-
(i) in Greater Bombay, to the Principal Judge of the City Civil Court or such other Judge of the said Court as may be nominated by the State Government in consultation with the Principal Judge ; and
(ii) elsewhere, to the Civil Judge (Senior Division) of the district within the limits of whose jurisdiction the land is situate.
(2) Any such application shall be made within six weeks from the date on which the order of the officer referred to in sub-section (1) was communicated to such person and shall be in such form as may be prescribed.
(3) The provisions of sections 5, 12 and 14 of the Indian Limitation Act, 1908, shall apply to the computation of the time fixed for reference under sub-section (2).
(4) The Officer authorized, under section 41 shall make the reference, In such manner as may be prescribed.
45. The order fixing the betterment charges made under section 42, subject to a reference to the Authority under section 44 and the decision of the Authority on reference under section 44, shall be final.
46. From the date specified in the order fixing the betterment changes as the date from which such charges shall be leviable, or from such date as may be otherwise specified by the Authority under section 44 as the. date from which such charge shall be leviable, the betterment charges recoverable in respect of any land shall, subject to the prior payment of the land revenue, if any, que to the State Government thereon, be a first charge on the land in respect of which such betterment charges are leviable.
47. The betterment charges shall be payable on the date fixed under the rules made by the State Government under section 71 :
Provided that the owner of the land in which such charges are imposed may execute an agreement in favour of the State Government agreeing to pay the amount, of such charges by annual installments together with interest at such rate and within such period as may be prescribed.
48. Notwithstanding anything contained in section 47, the State Government may allow the owner of the land on which the betterment charges may be payable to relinquish the whole or any part of the land or to deliver it in exchange in lieu of payment of the charges, in favour of the State Government on such conditions as may be prescribed:
Reference against order of authorized officer under section
42.
IX of 1908.
Finality of order fixing betterment charges and of decision on reference.
Betterment charges to be first charge on land next to land revenue.
Payment of betterment charges.
Relinquishment of or exchange of land in lieu of payment of betterment charges.
Provided that no such relinquishment or exchange shall be permitted unless the land is free from encumbrances.
CHAPTER VII Supplemental provisions to secure safety of traffic and prevention of damage to highways.