Section 17 in The Calcutta Metropolitan Development Authority Act, 1972
17. Power of Metropolitan Authority to execute any plan. -
(1)Where the Metropolitan Authority is satisfied that any direction given by it under sub-section (1) of section 16 with regard to any development project has not been carried out by the authority referred to therein or that any such authority is unable to fully implement any scheme undertaken by it for the development of any part of the Calcutta Metropolitan Area, the Metropolitan Authority may itself undertake any works and incur any expenditure for the execution of such development projects or implementation of such schemes, as the case may be.(2)The Metropolitan Authority may also undertake any works in the Calcutta Metropolitan Area as may be directed by the State Government and may incur such expenditure as may be necessary for the execution of such work.(3)Where any work is undertaken by the Metropolitan Authority under sub-section (1), it shall be deemed to have, for the purposes of the execution of such work, all the "powers which may be exercised under any law for the time being in force by the authority referred to in sub-section (1) of section 16.(4)The Metropolitan Authority may, for the purpose of carrying out the powers conferred by sub-sections (1) and (2), undertake survey of any area within the Calcutta Metropolitan Area and for that purpose it shall be lawful for any officer of the Metropolitan Authority-(a)to enter in or upon any land and to take level of such land;(b)to dig or bore into the sub-soil;(c)to mark levels and boundaries by placing marks and cutting trenches;(d)where otherwise the survey cannot be completed and levels taken and boundaries marked to cut down and clear away any part of any standing crop, fence or jungle:Provided that before entering upon any land the Metropolitan Authority shall give notice of its intention to do so in such manner as may be specified in the regulations made under this Act.[17A. Power of Metropolitan Authority to require local authority to assume responsibilities in certain cases. - Where any area has been developed by the Metropolitan Authority, the Metropolitan Authority may assume responsibility for the maintenance of the amenities which have been provided by it or may require the local authority within whose local limits the area so developed- is situated, to assume such responsibility for the maintenance of the amenities and for the provision of such other amenities which have not been provided by the Metropolitan Authority but which in its opinion should be provided in the area, on terms and, conditions agreed upon between the Metropolitan Authority and that local authority; and where such terms and conditions cannot be agreed upon, on terms and conditions settled by the State Government in consultation with the local authority on a reference of the matter to the State Government by the Metropolitan Authority.] [Sections 17A to 17F inserted by W.B. Act 21 of 1974.][17B. Power of Metropolitan Authority to levy betterment charges. - (1) Where, in the opinion of the Metropolitan Authority, as a consequence of any development project having been executed by the Metropolitan Authority in any area, the value of any land in that area has increased or will increase, the Metropolitan Authority shall be entitled to levy upon the owner of the land or any person having an interest therein, a betterment charge in respect of the increase in value of the land resulting from the execution of the development project.(2)Such betterment charge shall be an amount not exceeding one-half of the amount by which the value of the land on the completion of the execution of the development project estimated as if the land were clear of buildings exceeds the value of the land prior to such execution estimated in like manner:Provided that in levying betterment charge on any land the Metropolitan Authority shall have regard to the extend and nature of benefit accruing to the land from the development project and such other factors as may be laid down by rules made in this behalf] [Sections 17A to 17F inserted by W.B. Act 21 of 1974.].[17C. Assessment of betterment charge by Metropolitan Authority. - (1) When it appears to the Metropolitan Authority that any particular development project is sufficiently advanced to enable the amount of the betterment charge to be determined, the Metropolitan Authority may, by an order made in this behalf, declare that for the purpose of determining the betterment charge the execution of the development project shall be deemed to have been completed and shall thereupon give notice in writing to the owner of the land or any person having an interest therein that the Metropolitan-Authority proposes to assess the amount of the betterment charge in respect of the land under section 17B.(2)The Metropolitan Authority shall then assess the amount of betterment charge payable by the person concerned after giving such person an opportunity to be heard and such person shall, within three months from the date of receipt of the notice in writing of such assessment from the Metropolitan Authority, inform the Metropolitan Authority by a declaration in writing that he accepts the assessment or dissents from it.(3)When the assessment proposed by the Metropolitan Authority is accepted by the person concerned within the period specified in sub-section (2) such assessment shall be final.(4)If the person concerned dissents from the assessment or fails to give the Metropolitan Authority the information required by sub-section (2) within the period specified therein the matter shall be determined by arbitrators in the manner provided in section 17D] [Sections 17A to 17F inserted by W.B. Act 21 of 1974.].[17D. Settlement of betterment charge by arbitrators. - (1) For the determination of the matter referred to in sub-section (4) of section. 17C, the State Government shall appoint three arbitrators of whom one at least shall have special knowledge of the valuation of land.(2)The arbitrators shall follow such procedure as may be prescribed.(3)The arbitrators shall, for the purpose of determining any matter referred to them, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely :-(a)summoning and enforcing the attendance of any person and examining him on oath;(b)requiring the discovery and production of documents;(c)administering to any party to the arbitration such interrogatories as may, in the opinion of the arbitrators, be necessary.(4)In the event of any difference of opinion among the arbitrators the decision of the majority shall prevail and that decision shall be the award of the arbitrators.(5)If the arbitrator dies, resigns, or is removed under sub-section (6), or refuses, or neglects in the opinion of the State Government, to perform his duties, or becomes incapable of performing the same then the State Government shall forthwith appoint another fit person to take the place of such arbitrator.(6)If the State Government is satisfied after such inquiry as it thinks fit-(a)that an arbitrator has misconducted himself, the State Government may remove him from his office;(b)that the award of the arbitrators has been improperly procured or that any arbitrator has misconducted himself in connection with such award, the State Government may set aside the award.(7)An award which has not been set aside by the State Government under clause (b) of sub-section (6) shall be final and shall not be questioned in any court.(8)The provisions of the Arbitration Act, 1940, shall not apply to arbitration under this section] [Sections 17A to 17F inserted by W.B. Act 21 of 1974.].[17E. Payment of betterment charge. - (1) The betterment charge levied under this Act shall be payable in such number of instalments and each instalment shall be payable at such time and in such manner as may be fixed by rules made in this behalf.(2)Any arrear of betterment charge shall bear interest at the rate of six per cent, per annum and shall be recoverable as an arrear of land revenue] [Sections 17A to 17F inserted by W.B. Act 21 of 1974.].[17F. Betterment charge a first charge on land. - (1) Any person liable to the payment of betterment charge may, at his option, instead of making a payment thereof to the Metropolitan Authority, execute an agreement with the said Authority to leave the said payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at the rate of six per cent, per annum , the first annual payment of such interest being made at such time and in such manner as may be fixed by rules made in this behalf.(2)Every payment due from any person in respect of a betterment charge and every charge referred to in sub-section (1) shall, notwithstanding anything contained in any other law, be the first charge upon the interest of such person in such land] [Sections 17A to 17F inserted by W.B. Act 21 of 1974.].
