Section 71 in Sikkim Urban and Regional Planning and Development Act, 1998
71. Assessment and recovery 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 VII 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 use, shall apply to the Authority within such time and in such manner as may be prescribed for the assessment of development charge payable in respect thereof.(2)The 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 in the manner specified in sub-section (3) and (4), the development charge, if any, is leviable in respect of that development or use.(3)The Town Planning 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 report of the Town Planning Member made under sub-section (3), the Authority shall assess the amount of development charge by an order:Provided that(a)Where permission under Chapter VII 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 in any land, 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 application relates to the institution or change of any use of land, the Authority may refuse to assess the amount of development charge payable in respect thereof unless it is satisfied that the use will be instituted within such period as the Authority considers appropriate.(5)The Authority shall deliver or serve copy of such order on the applicant or the person liable for the development charge.(6)Such order of assessment subject to the provisions of section 72, shall be final and shall not be questioned in any court.
