Section 56
. Hries when rrt'l~lisec1 to be p;,iiri to Authoil'ity . -AII fines realised in connection with prosecution under this Act shall be paid into the funds oi the Authority,
56 . Hries when rrt'l~lisec1 to be p;,iiri to Authoil'ity . -AII fines realised in connection with prosecution under this Act shall be paid into the funds oi the Authority,
Composltion oi olifences.-{1) Any offence made punishable by or u;,der this Act may , either betors or after the institution oi proceedings . bo compounded by tt,e authority or any person authorisoc by tho authority by genera! or special order in his behalf.
Where an offence has been compounded, ihe offender ii in custody, shall bo discharged and no further proceedings shall be taken agai'ls1 him ir , respect of the offence compounded .
rnrec1rior. to the owner or other persons to provide amenities foiling which ar.af!hoa-iilf to proviOjiF.l amenities ftself a nd recover cost-(·!) 1·: lhe authority after hoiding a local enquiry or upon report from any of its officers or other information in its possession, is satisfied that any amenity which . in the opinion-of tho Authority, is -to. be provided for any land in a development 2ore;;: or any area other than a development area , has not been provided for such land or that any development of the land for which permission , approval or sanction has been obtained under this Act has not been carried 01 !l, it may, after ;}tiording a reasonable opportunity to show cause, serve upon the owner of tue land or upon the person responsible for providing tho amenity or cam;ing out the deveiopment, as the ~ase may be , a notice requiring him to provide tho amenity or carry out the development within such time as may be specified in the notice.
ff any such amenity is not provided or any such development is not carried out within t~ie time specified in the notice, then the authority may iiseli provide the amenity or cany out the development or 'rave it provided or carried out through such dgency as it may deem fii : ·
Provided that before taking ~ny action under this sub-section -the aulhori1)1 shall afford reasonable opportunity to the owner of the land or to the person responsible for providinq the amenity or carry out the devoloprnent to show cause as to whv such action should not be taken.
(3} All expenses incurred by the authority N the agency·employed by ii ir providing the amenity or carrying out the dovelopment , together with interest · i.-orr ,, _ -' -· -....... ~ - n rlnmnnrl fnr th,:, 01rn,:,n_c;ps is marle until oavment al such rats
as the Stale Government may by, oroor we, ~imll be recovered by the a1,thon!y Irorn ihe owner or the person responsible for providing th ' amenity as arrears or !::1nd revenue .
'.i.'3. f-,:::,,Noi· ir;if fur..i authoritV to re~uirra local aui:hovi~y to assume respenoi!iiHt/ c ,, ·:.<.;w~:;:iin CE:1(;;'3s . -("1) When ·the execution ot scheme within the frame v . rorl , of ~he Master Plan or th::o Zo.121 Development Plan or Regional Developrnent Plan has been completed by the authority, the authority may, by a written notice , ask the local authority to take over the maintenance o1 roads. parks, amentH~s and of the sewerage, drainage . water-supply , lighting and conservancy sys1ems of any other urban or agricultural infrastructure comprised within the schemes and, if the ·ocal authority fails , to cornplv with the notice within one year of the date of the service of such notice, such roads, otc. and system :shall ba deemed to have vested in the local authority who shall thereupon be responslole tor the maintenance of such roads , etc . and systems .
If any difference of opinion ansss between . tile authority and the local ali'1ho1ify in respect of any matter referred to in sub-section (t) the matter shall 0~ i-e?eacd 10 1he State Government whose decision thereon shall be c;na'.
GIJ. t·'·.J!l'.'GG' oi t:11 ,, i m . iithonty to levy )lefrtermeni ch~r1.1.:,:.s.-(~) Whe·e , in H~(:J opinion ot the '-ll llhorily, as a consequence of any development having been executed by the authonty, in any development area, the value of any property in ·1.h-s:1 area or in any area other than the developmeni area which has been ben&fiteri b11 il1e development has increased. er will increase , the ' authority shall with (10 consent of Slate Government , be entitled to levy upon the owner of the pro;::eriy ot any ::i~rson having an interest therein a betterment charge in respect - ot the increased vnluo of the property resulting :rem the execution of the develvp:'1em:
Proviccd tnat no betterment charge shall be 'ovied in respect of lands owned by the Government , a local body or body corporate within the developmem area of the authority;
Provided further that where any land belonging to the Government. a local authority or a oody corporate has been let out by tho Government, the local authonty or the body corporate to any person , then that land and any building situate thereon c:h;;:11 be subject to a betterment charge under this section.
{2) Such betterment charge shall be an amount in respect of any property situate in a development area, equal to one third; and ;n respect of the property situate in any other area not oxceedinq one-third of 1110 amount by which the value rn the property on the completion ot the execution oI the development scheme estimated as if the property where cost oi building exceeds the value of ti1e property prior lo such execution flStimaied in . like nanner
Provided iha: in levying betterment charge on any property under clause (2) , tho authority shall have regard to the extent and nature of benefit ar.cruing to ~he property from the development and such other factors as may be prescrioed by rules made in this behalf.
Comments ~1 cass-law
[Developrnc nt Authority may charge allottee of land or housing unit the price prevailing on the date of communication of the letter of allotment. It is al-.. ·. · . , --" --+n .-. nr-nnt fhP nffp , jf the price does not suit
Though tho regulations and bye-laws in respect of buildings, are meant to serve the public interest. but ai the same time ii cannot be held that m all circumstances the authorities entrusted with the demolition of unauthorised constructions have exclusive power to .he absolute exclusion of the powor of !he court. in some special cases · where 'jurisdictional error" on th& pari of the G3rporation ls established, a suit shall bP maintainable. Accordingly :
The court should not ordinarily entertain a ~wt in connection with the proceedings initiated for rJcmolition. by the Commissioner in terms of Section 343 (1) or the Corporation Aci , The court should direct the -persons aggrieved to pursue the remedy before lhe appellate ·tribunal =nd tnen before the administrator in accordance with the provisions of the said Act . .
The court should entertain n suit quostioning the v<llidity of an order passed under Section 3"13 of the Act, only ;f the court is of prims facie opinion that the order is nullity In the eyes of law because of any jurisdictional error" in exercise of the power by the Commissioner or that the order is outside the Act. Shiv Kumer Chadha vs . Municips! Corporation of Deihl, l, (1993) 3 sec 161.] .
Si. Assessment of betterment eharqe by authorit)t . -(1) When it appears to tho authoriiy that any particular development scheme ts sufiiciently advanced to enable the amount of the betterment charge to be determined, the authority may by an order made in ,his behalf, f, declare that for the purpose of delcrmining the bettennent 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 authority proposes to assess the amount of the betterment charge in respect of the property unosr Section bt,.
The authority shall then assess the amount of betterment charge pavable by the person concerned after giving such person an opportunity to be heard and such person shall , within three months from the date ot tho receipt of ' the notice in writing of such assessment from the authority, inform ihe aufhorriy by a declaration in writing that he accepts the assessment or dissents from it
When the assessment proposed by the authority is accepted by the ·person concerned within ihe period specified in sub-section (2) such assessment shall be final.
If the person concamed , docs not agree with the assessment or does not furnish the required information within the specified period under sub-section (2), the cost shail be determined by the Tribunal in the manner provided in Section 61.
Comments £ case-law
[The expression " shnll be heard" means granting an opportunity or personal hearing to an assessee and not merely allowing the presenting of a review application to be considered by the members of the Review committee in assossse's absence. Jaynarayan Prasad Jalsw.al vs . Commissioner of Ranch! Municipality, ·1986 PLJR 943.]
Roop's Law Assist