Section 104 in West Bengal Town and Country (Planning and Development) Act, 1979
104. Assessment of development charge.
(1)Any person who intends to carry out any development or to 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 change of any such use, shall apply to the Planning Authority or the Development Authority for the at assessment of development charge payable in respect thereof.(2)The said Authority shall, on such application being made or, if no such application is made, after serving a notice on the person liable for development charge, determine whether or not, and if so, what development charge is leviable in respect of that development or use or change in use.(3)The said Authority shall after giving a reasonable opportunity of hearing to the person who has made an application under sub-section (1) or who has been served with notice under sub-section (2) assess the amount of development charge :Provided that -(a)where permission under Chapter VII has not been granted for carrying out the said development, the Planning Authority or the Development Authority may postpone the assessment of the development charge;(b)where the application relates to the carrying out of any development, the said 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 said Authority considers appropriate;(c)where the application relates to the change of any use, the said Authority may refuse to assess the amount of development charge in respect thereof unless it is satisfied that the change of use will be effected within such period as the said Authority considers appropriate;(d)the Planning Authority or the Development Authority shall deliver or serve a copy of each order on the applicant or the person concerned; and(e)such order or assessment, subject to the provisions of section 105 shall be final and shall not be questioned in any Court.
