Section 74 in The Orissa Town Planning and Improvement Trust Act, 1956
74. Agreement to make payment of betterment charge a charge on land.
(1)Any person liable to pay a betterment charge in respect of any land may at his option, instead of making a payment thereof to the Planning 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 of interest at the rate of five per centum per annum, the first annual payment of such interest to be made after one year from the date referred in Section 73.(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 enactment and notwithstanding the existence of any mortgage or other charge, whether legal or equitable, created either before or after the commencement of this Act, be the first charge upon the interest of such person in such land.(3)If any instalment of interest due under any agreement executed in pursuance of Sub-section (1) be not paid on the date on which it is due the betterment charge shall become payable on the date, in addition to the said instalment.(4)At any time after an agreement has been executed in pursuance of Sub-section (1), any person may pay off the charge created thereby, with interest at five per centum per annum up to the date of such payment.(5)When an agreement in respect of any land has been executed by any person in pursuance of Sub-section (1), no suit with respect to such agreement shall be brought against the Planning authority, by any other person (except an heir, executor or administrator of the person first aforesaid or the holder or any prior charge on such land) claiming to have an interest in the land.
