Section 38 in Jammu and Kashmir Metropolitan Region Development Authorities Act, 2018
38. Betterment charges.
(1)Where, in the opinion of the Authority as a consequence of any development project or scheme having been executed by the Authority in any area the value of any land in that area has increased or will increase, the Authority shall be entitled to levy upon the owner of the land or any person having an interest therein, a betterment charge in respect of the increase in value of the land resulting from the execution of the development project or scheme.(2)Such betterment charge shall be an amount not exceeding one-half of the amount by which the value of the land on the completion of the execution of the development project or scheme, estimated as if the land were clear of buildings, exceeds the value of the land immediately before such execution estimated in like manner :Provided that, in levying betterment charge on any land the Authority shall have regard to the extent and nature of benefit accruing to the land from the development project or scheme and such other factors as may be laid down by rules made in this behalf.(3)When it appears to the Authority that any particular development project or scheme is sufficiently advanced to enable the amount of the betterment charge to be determined, the Authority may, by an order made in this behalf, declare that for the purpose of determining the betterment charge the execution of the development project or scheme shall be deemed to have been completed and shall thereupon give notice in writing to the owner of the land or any person having an interest therein that the Authority proposes to assess the amount of the betterment charge in respect of the land under the last preceding section.(4)The Authority shall then assess the amount of betterment charge payable by the person concerned after giving such person a reasonable opportunity to be heard and such person shall, within one month from the date of receipt of the notice in writing of such assessment from the Authority, inform the Authority by a declaration in writing that he accepts the assessment or dissents from it.(5)When the assessment proposed by the Authority is accepted by the person concerned within the period specified in sub-section (4), such assessment shall be final.(6)If the person concerned dissents from the assessment or fails to give the Authority the information required by sub-section (4) within the period specified therein, the matter shall be determined by arbitrators in the manner provided in the next following section.(7)No betterment contribution shall be payable by the Government, the Authority or other local authority in respect of any land which is the property of the Government, the Authority or other local authority.(8)For the determination of the matter referred to in sub-section (4), the provisions regarding arbitration under the Jammu and Kashmir Arbitration and Conciliation Act, 1997, shall be applicable.
