Section 71(4) in Sikkim Urban and Regional Planning and Development Act, 1998
(4)After taking into consideration the report of the Town Planning Member made under sub-section (3), the 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 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 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 Authority considers appropriate;(c)Where the application relates to the institution or change of any use of land, the 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 Authority considers appropriate.
