Section 79 in The Gujarat Town Planning and Urban Development Act, 1976
79. Contribution towards costs of the scheme.
(1)The costs of the scheme shall be met wholly or in part by a contribution to be levied by the appropriate authority on each plot included in the final scheme calculated in proportion to the increment which is estimated to accrue in respect of such plot by the Town Planning Officer :Provided that-(i)(a)where the cost of the scheme does not exceed half the increment, the cost shall be met wholly by a contribution, and(b)where it exceeds half the increment, to the extent of half the increment it shall be met by a contribution and the excess shall be borne by the appropriate authority;(ii)where a plot is subject to a mortgage with possession or to a lease, the Town Planning Officer shall determine in what proportion the mortgagee or lessee on the one hand and the mortgagor or lessor on the other hand shall pay such contribution;(iii)no such contribution shall be levied on a plot used, allotted or reserved for a public purpose of the appropriate authority which is solely beneficial to the owners of land or residents within the area of the scheme; and(iv)the contribution levied on a plot used, allotted or reserved for a public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners of land or residents within the area of the scheme and partly to the general public shall be calculated in proportion to the benefit estimated to accrue to the general public from such use, allotment or reservation.(2)The owner of each plot included in the final scheme shall be primarily liable for the payment of the contribution leviable in respect of such plot.
