Section 61 in Tamil Nadu Town and Country Planning Act, 1971
61. Assessment 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 developments or substituted or changed any such use shall apply to the appropriate planning authority or to the executive authority of the local authority, as the case may be, within such time and in such manner as may be prescribed, for the assessment of development charges payable in respect thereof.(2)The appropriate planning authority or the executive authority of the local authority, as the case may be, 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 Town Planning Officer, determine whether or not, and if so, what development charge is leviable in respect of that development or institution of use or change 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 appropriate planning authority or the executive authority of the local authority, as the case may be, 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 appropriate planning authority or the executive authority of the local authority may postpone the assessment of the development charges;(b)where the application relates to the carrying out of any development, the appropriate planning authority or the executive authority of the local authority may refuse to assess the amount of development chares 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 appropriate planning authority or the executive authority of the local authority may determine;(c)where the application relates to the institution or change of any use, the appropriate planning authority or the executive authority of the local authority may refuse to assess the amount of development changes in respect thereof, unless it is satisfied that the use will be instituted within such period as it consider appropriate.
