Section 88 in The Bihar (Coal Mining) Area Development Authority Act, 1986
88. Assessment of Development Charge.
(1)Any person, who intends to carry out any development or to institute or change any use of any land for which permission under Chapter V is necessary whether he has applied for such permission or not, or 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 in the manner prescribed for the assessment of Development Charge payable in respect thereof.(2)Authority shall, on such application being made, or if no such application is made after serving notice on the person liable for Development Charge, determine whether or not, and if so, what Development Charge, if leviable in respect of that development or use.(3)The technical Member shall, after giving a reasonable opportunity of being heard to the person who has made an application under sub-section (1) or who has been served with a notice under sub-section (2), make a report to the Authority.(4)After taking into consideration the aforesaid report, the Authority shall assess the amount of Development Charge by an order provided that:-(a)where permission under Chapter V has not been granted for carrying out the said development, the Authority may postpone the assessment of the Development Charge;(b)where the application relates to the carrying out of any development, the Authority may refuse to assess the Development Charge payable in respect thereof, unless it is satisfied that the applicant has an interest in the land sufficient to enable him to carry out such development or that the applicant is able to obtain such interest and that the applicant will carry out the development within such period as the Authority considers appropriate;(c)where the applicant relates to the substitution or change of any use, the Authority may refuse to assess the amount of Development Charge in respect thereof unless it is satisfied that the use will be instituted within such period as the Authority consider appropriate.
