Section 71 in The Orissa Town Planning and Improvement Trust Act, 1956
71. Assessment of betterment charge by the Planning authority.
(1)When it appears to the Planning authority that an improvement scheme is sufficiently advanced to enable the amount of betterment charge to be determined, the said authority shall, by a resolution passed in this behalf declare that for the purpose of determining such charge the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to every person on whom a notice in respect of land to be assessed, has been served under Section 45 or to the successor-in-interest of such person to assess the amount of the betterment charge payable in respect of such land under Section 70.(2)The Planning authority shall then assess the amount of betterment charge payable by each person concerned in each particulars area after giving such person an opportunity to be heard and such person shall within thirty days from the date of receipt of notice in writing of such assessment from the Planning authority inform the said authority in writing whether or not he accepts the assessment.(3)When the assessment proposed by the Planning authority is accepted by the person concerned within the period specified in Sub-section (2) such assessment shall be final.(4)if the person concerned does not accept the assessment made by the Planning authority or fails to give the said authority the information required by Sub-section (2) within the period specified therein the matter shall be determined by an arbitrator to be appointed by the State Government with same qualification of a Tribunal as specified in Sub-section (2) of Section 65.(5)Any party aggrieved by the decision of the arbitrator may, within three months from the date of the communication thereof, appeal to the High Court and subject to the result of such appeal, if any, the decision of the arbitrator shall be final and binding on all persons concerned.
