Section 102 in The Goa, Daman and Diu Town and Country Planning Act, 1974
102. Assessment of Development charge.
(1)Any person who intends to carry out any development, or to institute, or 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 instituted or changed any such use, shall apply to the Planning and Development Authority in the manner prescribed for assessment of development charge payable in respect thereof.(2)The Planning and Development 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 in the manner specified in sub-sections (3) and (4), the Development Charge, if any, leviable in respect of that development or use.(3)The Town Planning Officer shall, after giving a reasonable opportunity of being heard to the person who has made an application under sub-section (1) or who has been served with a notice under sub-section (2) make a report to the Planning and Development Authority.(4)After taking into consideration the report of the Town Planning Officer made under sub-section (3), the Planning and Development Authority shall assess the amount of Development Charge by an order:Provided that-(a)where permission under Chapter VII has not been granted for carrying out the said development, the Planning and Development Authority may postpone the assessment of the Development Charge;(b)where the application relates to the carrying out of any development in any land, the Planning and Development 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 will carry out the development within such period as the Planning and Development Authority considers appropriate;(c)where the application relates to the institution or change of any use of land, the Planning and Development Authority may refuse to assess the amount of Development Charge payable in respect thereof unless it is satisfied that the use will be instituted within such period as the Planning and Development Authority considers appropriate.(5)The Planning and Development Authority shall deliver or serve a copy of such order on the applicant or the person liable for the Development Charge.(6)An order of assessment made under this section shall, subject to the provisions of section 103 be final and shall not be questioned in any court.
