(1) Subject to the provisions ofthis Act and the rules made thereunder. and with the previous sanction of the Government, every Authority shall, by notification published in the Official Gazette, levy a charge (hereinafter called the development charge) on the carrying out of any development or the institution or change of use of land for which permission is required to be obtained under Chapter VII of this Act. in the whole or any part of the development area, at the rates specified in section 70:
Provided that the rates may be different for different parts of the development area.
(2) The development charge shall be leviable on any person who undertakes or carries out such development and institutes or changes any such use.
(3) Notwithstanding anything contained in sub-section (1) and (2), no development charge shall be levied on development or institution of, change of use of any land vested in. or under the control or possession of the Central Government, the State Government or any local authority.
(4) The Government may, by rules, provide for exemption from the levy of development charge. any development, institution or change of any use of any land specified in the rules.
70. {1} For the purpose of assessing the development charge, the use of land and building shall be classified under the following categories:
(a) agricultural,
(b) residential, 35 Assessment and recovery of deveJopmentcha.rge.
(c) industrial'
(d) commercial, and
(e) miscellaneous.
(2) In G!a.ssifying the use of land and building under any of the categories mentioned in sub-section (1), the predominant purpose for which such land and ."
building is used shall be the main basis for such classification:
Provided that where land appurtenant to a building is used for any purpose independent of the building, development charge may be levied separatelyfor such use also. t'
(3) The actual charges may vary from one town to another and wit!lin the town from one area to another depending on its development and institution or change of use.
(4) The development charge shall
(a) for the institution of use "
(i) for residence
(ii) for industry
(iii) for commerce not exceed- Rs.10/- sq.rntr.
Rs.50/- sq.rntr.
Rs.200/- sq.mtr,
(b) for chanqa of use ,.
(i) from agriculture to residence Rs. 15/- sq.rntr,
(ii) from aqriculture to industry Rs. 55/- sq.mtr.
(iii) from aqrlculture to commerce Rs. 205/- sq.rntr.
(iv) from residence to industry Rs. 40/- sq.rntr.
(v) from residence to commerce Rs.190/'sq.mtr.
(vi) from industry to residence Hs. 40/- sq.mtr,
(vil) frorn industry to commerce Rs. 150/-sq. mtr,
71. ("1) Any person who intends to carry out any development, or to institute, or change any use of any iand for wtlich perrnlssion under Chapter VII is necessary, whether he has applied for such permission or not or who has commenced the carrying out 0'1 any such development or has carried out such development or instituted or cilangeej any use, shaf apply to the Authority within such time and in such manner as may be prescribed for the assessment of development charge paybale in respect thereof. .
(2) The Authority shall, on such application being made, or if no such application is made, after serving a notice on the person liable for development charqe, determine in the manner specified in sub-section (3) and (4), the development charge. if any, is leviable in respect of that development or use.
(:3)The Town Planning Member shall, attor ~livlng a reasonable opportuntiy of being heard to the person who has made all application under sub ..section (i) or who has been served with a notice under sub-sectlon (2) make a report to the Authority.
(4) After taking into consideration the report of the Town F'!anning Member.
made under sub-section (3). tll(3 Authority shall assess the arnoutnt of development charge by an order: .
Provided that
(a) where permission under Chapter Vii has not been granted for carrying out the said development, the Authority may postpone the assessment of 'the develop ..
rnent cnarqe: .
(b) where the application relates to the carrfing out of any development in any land, the Authority may refuse to assess the development charge payable in respect thereof, unless it is satisfied that the applicant has an interest in tile land sufficient to enable him to carry out such deveiopment, or that the applicant is able to obtain such interest and that the applicant will carry out the development within such period as the 36 Appeals against' assessment.
O e v e lo p= mentCharge to be a charge on land and to be recoverable as' arrears of land revenue.
Develop·· ment works by promoiets.
Power to grant licence to promoters.
Application for grant of licence.
Authority considers appropriate;
(c) \Nhere the application relates to the institution or change of any USHof land, the Authority may refuse to assess the amount of development charge payable in respect thereof unless it is satisfied that tile use will be instituted within such period as the Authority considers appropriate.
(5) The Authority shall deliver or serve a copy of such order on the applicant or the person liable tor the development charge.
(6) Such order of assessment subject to the provisions of section 72, shall be final and shall not be questioned in any court.
'72. (1) Any person aggrieved by an order of assessment made under section 71 may, within such tlrno and in such manner, as may be prescribed, appeal to tile Board.
(2) On an appeal made to the Board under sub-section ('I), the Chief Town Planner shall, (,J,f1ergivinga reasonable opportunity of being heard to the appellant and the Authority concerned, make a report to the Board.
(3) The Board may, after taking into consideration the aforesaid report, and if it deems necessary, after giving a reasonble opportunity of being heard to the appellant and the Authority concerned, pass such order as it deems fit.
"1~I. (1) If any development of land is commenced or carried out or any use is instituted or chanced without payment of the amount of the development charge assessed underthe provisions of this Chapter, the amount of the development charge shalt, subject to prior payment of the land revenue, if any, be a first charge upon the interest 0'1tile person so liable in the land on which development has been commenced or carried out or the use has been instituted or changed and also in any other land in which such person has any interest.
(2) The development charge Shall be recoverable as arrears of land revenue.
CHAPTER -Xl PRIVATE AND JOINT SECTOR PARTICiPATION IN DEVELOPMENT
74. Subject to the provisions of this Act and the rules and regulations made thereunder, tile Authority tor the purpose of implementing the proposals contained in an approved paln, permit a promoter, to undertake or carry out a development work within the area of its jurisdiction.