(1) Where any area has been developed by the Local Development Power afLocal Authority, it may require the 1 ocal authority within whose local limits the area Development so developed is situated, to assume responsibility for the maintenance of the Autcority to =quire local amenities which have been provided in the area by the Local Development autborily to Authority and for the pmvisions.of the amenitis which have not b m provided ,,,,, ,,- by the M DeveIopma~t Authority but which m its opinion should be provided ponsibilit iei in in the area, on terns and conditions agreed upon between the Local certain cases.
Development Aathority and locai authority, and where such terms and conditions cannot be agreed upon, then on a reference of the matter to the State Govcrmnent by the Local Development Authority on terms and conditions -; settled by the Government in consultation with the local authority.
(2) The ~ransfer of a developed area shall take effect immediately after five years aftcr completion of development works or as may be decided by the h l Development Authority and it shall be obligatory on h e part of local authority to take over the area under sub-section ( 1 ) above.
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(3) Ifthe local authority recovers taxes from such an area prior to the period of five years, the transfer shall take effect from the dare of recuvery of taxes.
Power of Local 93, (1) Where in the opinion of the Local Development Authority, as a Dcvelo~ment consequence of any development scheme having been executed by it in any Autf'oriv to IocaI development area, the value of any property in that area which has levy bcttcnent cl~argcs. benefited by the development, has increased or will increase, the LocaI Development Authority shall be entitled to levy upon the owner of the property or any person having an interest herein a betterment charge in respect of the increase in vaIue of the property resulting fiom the execution of thc development:
Provided that no betterment charge shall be levied in respect of lands owned by the Government :
Provided further that where any land belonging to the Government has been granted by way of lease or licence by the Governlent to any person, than that land and any building situated thermn shall be subjcct to a betterment j charge under this section.
(2) Such betterment chargc shall be an amount-
(i) in respect of any property situated in the townst?ip or colony, if ) any, developed or in other area developed or re-developed, equaI to one- third of the amount, and (id in respect of property situated outside such township, colony or other area, as aforesaid, not exceeding one-third of the amount, by which the value of the property on the completion of the execution of the development scheme, estimated as if the property were clear of buildings, exceeds the value of the property prior to such execution, estimated in the manner.
Assessment ,,f 94. (1) When it appears to the Vice-chairman than any particular b c ~ ~ ~ ~ e n t deveIopment scheme is sufficiently advanced to enable the amount of the charges by betterment charge to be determined, the Vice-Chairman may, by an order Local Development Authority. made in that behalc declare that for the purpose of determining the betterment charge the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to the owner of the property or any person having an interest therein that the Vice-Chairmar. proposes to assess , the amount of the betterment charge in respect of the property under section 93.
(2) The ViceChairman shall then assess the amount of bettermmt chargc payable by the person concerned after giving such person an opportunity to 1977 : Haryana Act 131 URBAN DEVELOPMENT AUTHORITY 99 be heard and such person shall, within three months fiom the date of receipt of the notice UI writing of such assessnient from theVice-Chairman inform the Vice-Chaiman by adeclaration in writing that he accepts the assessment or dissents from it.
(3) When the assessment proposed by h e Vice-chairman is accepted by the person concerned within the period specified in sub-section (21, such assessment shall be fmal.
(4) lf the person concerned dissents fiom the assessment or fails to give thc Vice-Chairman the information quired by .sub-section (2) within the period specified therein, the matter shall be determined by the Chairman and such determination shall not be questioned in any Court.
95. Subject to the conbol of the State Government every decision of Finality of the Chairman on appeal, and subject o d y to any decision on appeal (if i t lies decision.
and is prcfmed), the order of thcqce-Chairman or other officer under section 8 1, or section 88, shall be final and shall not be questioned in any Court.
96. ( I ) The betterment charge levidunder this Chapter shall be payable Payment of in such number of instalments, and cach instalment shall be payable at such betm-~-~ent time and in such manner, as maybe fixed by byelaws made in that behalf. charges.
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(2) Any arrears of betterment charges shalI be recoverable as arrears of land revenue.