Section 141 in Punjab Regional and Town Planning and Development Act, 1995
141. Levy and assessment of betterment charge.
(1)Where a scheme has been prepared under chapter XII of this Act, the Authority is of the opinion that as a consequent of the scheme having been executed the value of any land or building in a planning area has increased or is likely to increase, the Authority may in respect of such land or building, levy a charge (hereinafter called the betterment charge) keeping in view the increase or likely increase of value resulting from the execution of such a scheme :Provided that the betterment charge so levied shall not exceed one- third of the amount by which the value of the land or building has increased or is likely to increase :Provided further that no betterment charge will be levied on the land vested in or under the control, or in the possession of the Central Government or the State Government.(2)The rates of betterment charge liavable under sub-section (1) shall be assessed by the Arbitrator on a reference having been made to the Authority by the Authority.(3)As soon as reference is received by the Arbitrator under sub-section (2), he shall serve a notice in writing on the person liable to pay betterment charge and after giving the person concerned an opportunity of being heard and after calling for a report in this behalf from the Authority, the Arbitrator shall assess the amount of the betterment charge payable by such a person.(4)On the assessment of the betterment charge under sub-section (3), the Authority shall give to the person liable to pay such charge a notice in writing of the amount of betterment charge payable by him and the date by which such payment shall be made and such notice may also state that in the event of failure to make such payment on or before such date, the interest at such rate as may be prescribed shall be charged on the amount remaining unpaid.(5)(a)The betterment charge 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 State Government thereon and any other sum due to the Authority.(b)The betterment charge payable in respect of any land or building by any person shall together with interest due up to the date of realisation, be recoverable from such person or his successors in interest in such land or building as arrears of land revenue.
