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State of Andhra Pradesh - Section

Section 29 in Andhra Pradesh Urban Areas (Development) Act, 1975

29. Assessment and recovery of development charges.

(1)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, or who has commenced carrying out 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, for the assessment of development charges payable in respect thereof
(2)The Authority shall on such application being made or if no such application is made, after serving a notice in writing on the person liable to such payment and after calling for a report in this behalf from the concerned officer of the Authority determine whether or not, and if so what, development charge is leviable in respect of that development institution or use or charge of use and fix a date by which such payment shall be made ; and interest at the rate of six percent per annum upon any amount outstanding shall be payable from that date.
(3)The Authority, after taking into consideration the report aforesaid and after giving such person an opportunity to be heard, shall then assess the amount of development charges payable by such person concerned and give to such person a notice in writing of such assessment ;Provided that-
(a)where permission under this Act has not been granted for carrying out the said development, the Authority may postpone the assessment of the development charges;
(b)where the application relates to the carrying out of any development the Authority may refuse to assess the amount of development charges payable by such person concerned unless it is satisfied that the applicant has an interest in the land or building sufficient to enable him to carry out such development or that the applicant is able to obtain such interest and that the applicant shall carry out the development within such period as the Authority may determine ;
(c)where the application relates to the institution or change of any use, the Authority may refuse to assess the amount of development charges in respect thereof unless it is satisfied that the use will be instituted within such period as it considers appropriate.
(4)The Authority shall, in regard to the development area lying within its jurisdiction collect all development charges due under this Act in respect of any development in that development area.
(5)
(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 Government thereon.
(b)All development charges payable in respect of any land or building by any person shall, together with interest due upon the date of realisation, be recoverable from such person or his successor-in-interest in such land or building as arrears of land revenue.