Section 86 in The Orissa Development Authorities Act, 1982
86. Assessment and recovery of development charge.
- Any person who intends to carry out any development or institute or change any use of any land or building for which permission is required under this Act whether he has applied for such permission or not, and any person who has commenced the carrying out of any such development or has carried out such development or instituted or changed any such use shall apply to the Authority, within such time and in such manner as may be prescribed by rules for the assessment of development charges payable in respect thereof.(2)On an application being made under Sub-section (1) or if no such application is made, after serving a notice in writing on the person liable to such payment, the Authority shall, after giving the person concerned an opportunity of being heard, and after calling for a report in this behalf from the officer concerned of the Authority, determine whether or not any development charge is leviable in respect of that land or building as a result of the carrying out such development or institution or charge of use, the amount payable and fix a date by which such payment shall be made.(3)On determination of the development charge leviable on any land or building under Sub-section (2), the Authority shall give to the person liable the pay such charge a notice in writing of the amount of development charge payable by him and the date by which such payment shall be made and such notice shall also state that in the event of failure to make such payment on or before such date, interest at the rate of six percent, per annum shall be payable from such date on the amount remaining unpaid.(4)(a)The development charges payable in respect of any land or building, shall be a first charge on such land or building, subject to the prior payment of land revenue, if any, due to the State Government thereon and any other sum due to the Authority.(b)All development charges payable in respect of any land or building by any person shall together with interest due up to the date of realisation, be recoverable from such person or his successor-in-interest in such land or building as arrears of land revenue.(5)Any person aggrieved by an order of assessment of development charge may prefer an appeal to the Tribunal within one month from the date of service of the notice under Sub-section (3) :Provided that the Tribunal may admit an appeal preferred after the expiration of the said period if it is satisfied that the appellant had sufficient cause for not preferring the appeal within that period.
