120 Questions
Who is responsible for levying a development charge within their jurisdiction?
The Planning Authority or the Development Authority
What is the development charge levied on?
Any person who institutes or changes the use of any land or undertakes development
Under what circumstances may development charge be levied separately for the building and the land?
When the land is used for a purpose independent of the building
What determines the rate of development charge?
The provisions of this Chapter
What is the development charge levied in relation to?
Institution of use or change of use of any land or building
Under which category would a factory be classified for development charge purposes?
Industrial
Before which date must a development permission have been granted to be exempt from development charge?
10th August 1992
What is the purpose of classifying the user of land and building?
To assess the development charge
What happens to the development charge rate if the Authority reduces it?
It cannot be reduced below a certain rate
In which category would a school be classified for development charge purposes?
Institutional
What is the effect of a Vital Urban Transport Project on development charges?
It increases the development charge by 100%
Before which date must a development permission have been granted for land development, including permission for sub-division of land, to be exempt from development charge?
10th August 1992
Who is responsible for levying and collecting development charge?
Authority
What is the basis for classifying the user of land and building?
The predominant purpose of the land
At what rate is development charge levied and collected by the Authority?
As specified in column (4) of the Second Schedule
What is the meaning of the term 'Vital Urban Transport Project'?
A project related to Mas Rapid Transport System such as Metro Rail, Mono Rail, Bus Rapid Transport System and includes Freeway, Sealink, Etc.
Who decides the rate of development charge and fixes it from time to time?
The Planning Authority
Under what circumstances can the Maharashtra Industrial Development Corporation levy development charges at a rate lower than specified?
When it is appointed as the Special Planning Authority
What is the procedure that the Authority must follow before enhancing or reducing the rate of development charge?
It must pass a resolution in a special meeting and obtain the previous sanction of the State Government
What happens when the regulations in respect of development charge are sanctioned by the State Government?
They are brought into force on or after the date specified by the State Government
How are the regulations referred to in sections 124B and 124C displayed?
They are displayed on the notice board in the Authority's office
What is the procedure when the rates at which the development charge is leviable are enhanced or reduced?
No separate notice is given to the owners or occupiers of the lands or buildings affected
Who is required to apply for the assessment of development charge payable?
Any person who intends to carry out any development or institute or change any use of any land or building
When does a person need to apply for the assessment of development charge payable?
Within a time prescribed, in a manner prescribed
What is the purpose of section 124E?
To provide for the assessment and recovery of development charge
In what circumstances may the Authority postpone the assessment of the development charge?
Where permission under this Act has not been granted for carrying out the said development
What is the period within which the amount of development charge must be paid?
30 days from the date of receipt of the notice of assessment
At what rate of interest shall any amount outstanding be payable?
18% per annum
Who is responsible for collecting all development charges due under this Act?
The Authority
What is the first charge on the land or building in respect of which development charge is payable?
Land revenue, if any, due to the Government
Who is liable to pay the development charge in respect of any land or building?
The promoter, as defined in the Maharashtra Ownership Flats Act, 1963
In what circumstances shall the liability to pay the development charge be that of the promoter?
Where the promoter intends to carry out any development or institute or change any use of any land or building
What is the consequence of non-payment of the development charge within the specified period?
An interest at the rate of 18% per annum shall be payable
Is development charge levied on institution of use or of change of use, or development of, any land or building vested in or under the control or possession of the Central or State Government or of any local authority?
No
What is the purpose of serving a notice in writing on the person liable to such payment?
To inform the person of the development charge payable
What is the primary purpose of the fund credited with money from time to time?
Acquisition and development of land for public purposes
Where will surplus moneys at the credit of the fund be deposited?
A scheduled bank or a bank approved by the State Government
What happens when a person commences development without paying the development charge?
The Authority will serve a notice to stop the development work
What is the punishment for continuing development work after being served a notice?
Imprisonment for a term of up to three years and a fine up to five thousand rupees
What happens if a person fails to demolish the development work as required under the notice?
The Authority will demolish the development and recover expenses from the person
What is the purpose of the additional amount levied and collected due to an increase in the development charge?
For the purpose of Vital Urban Transport Projects
What is the consequence of non-compliance with the notice?
Further fine which may extend to hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues
Who decides how the additional amount levied and collected is utilized?
The State Government
What is the purpose of sections 124A to 124K?
To apply in certain cases
What happens when a person is convicted for continuing development work after being served a notice?
Imprisonment for a term which shall not be less than three months, but which may extend to three years and with a fine which shall not be less than one thousand rupees, but which may extend to five thousand rupees
Under which circumstance can the State Government exempt an educational institution from paying development charges?
By notification in the Official Gazette
What is the time limit for filing an appeal against an order passed by the Authority under section 124E?
45 days
What is the rate of interest payable on the amount to be recovered as a result of an order passed in appeal under section 124G?
18% per annum
What is the purpose of the Development Fund established under section 124J?
To receive development charges and interest
Who can prefer an appeal to against an order passed by the Authority under section 124E?
Any person
Under what condition can the State Government or the officer so appointed admit an appeal preferred after 45 days?
If the appellant has sufficient cause for the delay
What is the consequence of not depositing the amount claimed in the notice of assessment?
The appeal will be dismissed
What is the purpose of section 124H?
To prescribe the procedure for filing an appeal
Who has the power to confirm, reduce, enhance or annul an assessment in an appeal?
The State Government or the officer so appointed
What happens to the assessment if it is annulled or set aside in an appeal?
The Authority has to make a fresh assessment
What is the purpose of assigning development charges to the Village Panchayat?
To provide or develop basic amenities and infrastructure
In which cases do the provisions of sections 124A to 124K apply?
When the permission to carry out the development is under clause (ii) or (iii) of sub-section (1) of section 18
What is the relation between the chapter and existing local authority laws?
The chapter has overriding effect, but is in addition to existing local authority laws
What is the purpose of compulsory acquisition of land?
For purposes of Regional plan, Development plan, or town planning schemes
What happens to the development charge collected under this section?
It is assigned to the Village Panchayat
In what circumstances can a separate development charge be levied for the building and the land?
When the land is used for a purpose independent of the building
Who is responsible for levying and collecting development charge?
The Planning Authority or the Development Authority
What is the basis for levying development charge?
The institution of use or change of use of any land or building
When is a person required to apply for the assessment of development charge payable?
Before commencing development work
What happens if a person fails to pay the development charge within the specified period?
Interest is payable on the outstanding amount
What is the criteria for exempting development charge on land development activities?
Permission for land development was granted before 10th August 1992
Under what category would a hospital be classified for development charge purposes?
Institutional
What is the effect of a Vital Urban Transport Project on development charges?
Development charges increase by 100%
What is the basis for classifying the user of land and building?
Predominant purpose of the land and building
When can the Authority reduce the rate of development charge?
Subject to the other provisions of this Chapter
What happens to the development charge rate if the Authority reduces it?
It can be increased again, but not above the original rate
What is the purpose of classifying the user of land and building?
To determine the rate of development charge
When can the Authority enhance the rate of development charge?
On and from the date of commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 2010
What is the criteria for levying development charge on land?
Permission for land development was granted after 10th August 1992
Who is responsible for levying and collecting development charge?
Planning Authority
Under what circumstances may the State Government exempt an educational institution from paying development charges?
If the institution proposes to use the land or building for warehousing or godown purposes
What is the time limit for filing an appeal against an order passed by the Authority under section 124E?
Forty-five days
What is the rate of interest payable on the amount to be recovered as a result of an order passed in appeal under section 124G?
Eighteen per cent per annum
What is the purpose of the Development Fund established under section 124J?
To credit all moneys received by the Authority as development charge together with interest thereon
Who can prefer an appeal to against an order passed by the Authority under section 124E?
Any person aggrieved by an order passed by the Authority
Under what circumstances may the State Government exempt a Special Township Project from payment of development charges?
If the project is undertaken by a private developer under the Special Development Control Regulations
What is the procedure for filing an appeal against an order passed by the Authority under section 124E?
The appeal shall be made in such manner and accompanied by such fees, as may be prescribed
What is the effect of an order passed in appeal under section 124G?
The order is final and shall not be questioned in any suit or other legal proceedings
What is the consequence of not depositing the amount claimed in the notice of assessment from the appellant together with the amount of interest, if any, due thereon?
The appeal will not be entertained
What is the purpose of establishing a separate fund under section 124J?
To credit all moneys received by the Authority as development charge together with interest thereon
In cases where the permission to carry out the development is under clause (ii) or (iii) of sub-section (1) of section 18, which sections shall apply?
sections 124A to 124K
Where is the development charge collected under this section assigned to?
The Village Panchayat
How is the amount collected and assigned utilized by the Village Panchayat?
To provide or develop basic amenities and infrastructure
What is the purpose of the provisions of sections 124A to 124K?
To have overriding effect, but in addition to existing local authority laws
What is the relationship between the provisions of sections 124A to 124K and existing local authority laws?
The provisions of sections 124A to 124K are in addition to existing local authority laws
What is the primary purpose of a Vital Urban Transport Project?
To improve urban transportation
Under which circumstances can the Maharashtra Industrial Development Corporation levy development charges at a lower rate?
When the development is for a notified area under its jurisdiction
What is the procedure that the Authority must follow before enhancing or reducing the rate of development charge?
All of the above
What happens when the regulations in respect of development charge are sanctioned by the State Government?
The regulations are brought into force on a specified date
Who is required to apply for the assessment of development charge payable?
Any person who intends to carry out any development or institute or change any use of any land or building
What is the purpose of section 124E?
To assess development charges
How are the regulations referred to in sections 124B and 124C displayed?
On the Authority's notice board
What is the consequence of non-payment of the development charge within the specified period?
The development charge is payable with interest
Who is responsible for collecting all development charges due under this Act?
The Authority
What is the primary purpose of the fund credited with money from time to time?
To utilize for the purpose of the Act
What happens if the person liable to pay the development charge does not pay the amount within the specified period?
An interest at the rate of eighteen per cent per annum shall be payable from the date immediately following the date on which the period of thirty days expires
Who is responsible for collecting all development charges due under this Act?
The Authority
What is the first charge on the land or building in respect of which development charge is payable?
The development charge together with interest, if any
Under what circumstances can the Authority refuse to assess the amount of development charge payable by a person?
If the applicant does not have an interest in the land or building sufficient to enable him to carry out the development
Who is liable to pay the development charge in respect of any land or building?
The person who has instituted or changed any use of any land or building
What happens to the development charge in respect of any land or building vested in or under the control or possession of the Central or State Government or of any local authority?
No development charge is levied
What is the purpose of serving a notice in writing on the person liable to such payment?
To give the person an opportunity to be heard
Under what circumstances may the Authority postpone the assessment of the development charge?
If permission under this Act has not been granted for carrying out the said development
What happens to the development charge if the person liable to pay it does not pay the amount within the specified period?
An interest at the rate of eighteen per cent per annum is payable from the date immediately following the date on which the period of thirty days expires
Who is responsible for giving the person concerned an opportunity to be heard?
The Authority
What is the primary purpose of the money credited to the Development Fund?
To acquire and develop land for public purposes and provide public amenities
In which bank may the surplus moneys at the credit of the Development Fund be deposited?
In any scheduled bank as defined in the Reserve Bank of India Act, 1934
What is the consequence of continuing development work after being served a notice?
The person is punishable with imprisonment for a term which may extend to three years and with a fine
What happens if a person fails to demolish the development work as required under the notice?
The Authority may demolish the development work and recover expenses from the person
What is the purpose of the additional amount levied and collected due to an increase in the development charge?
To fund Vital Urban Transport Projects
Who decides how the additional amount levied and collected is utilized?
The State Government
What is the purpose of sections 124A to 124K?
To regulate development and acquisition of land
What happens when a person is convicted for continuing development work after being served a notice?
The person is punishable with imprisonment for a term which may extend to three years and with a fine
What is the consequence of non-compliance with the notice?
The person is punishable with imprisonment for a term which may extend to three years and with a fine
What is the purpose of serving a notice in writing on the person liable to pay the development charge?
To stop the development work and require demolition
Study Notes
Here are the study notes for the text:
Levy and Assessment of Development Charge
- Development charge is levied by the Planning Authority or Development Authority on institution of use or change of use of any land or building, or development of any land or building, for which permission is required under this Act.
- The development charge is levied at rates specified by or under the provisions of this Chapter.
- No development charge shall be leviable under this Chapter in respect of use or change of use of any land or building, or development of any land or building, for which a development permission has already been granted before the 10th day of August 1992.
Classification of User of Lands and Buildings
- The user of land and building shall be classified into four categories: Industrial, Commercial, Residential, and Institutional.
- The predominant purpose for which such land and building is used shall be the basis for such classification.
Levy and Collection of Development Charge
- The development charge shall be levied and collected by the Authority at the rates specified in column (4) of the Second Schedule.
- The Authority may, from time to time, enhance or reduce the rate specified in column (4) of the Second Schedule and levy the development charge at such enhanced or reduced rate.
- In respect of the area under the jurisdiction of any Planning Authority or a New Town Development Authority, where the State Government declares its intention to undertake one or more Vital Urban Transport Projects, the development charges levied and collected under the provisions of this Chapter shall be increased by one hundred percent.
Assessment and Recovery of Development Charge
- Any person who intends to carry out any development or institute or change any use of any land or building shall apply to the Authority for the assessment of development charge payable in respect thereof.
- The Authority shall determine whether or not, and if so, what development charge is leviable in respect of that development or institution of use or change of use, and assess the amount of development charge payable by such person.
- The amount of development charge as shown in the notice of assessment shall be paid within thirty days of the receipt thereof by such person.
Appeal and Procedure
- Any person aggrieved by an order passed by the Authority under section 124E may prefer an appeal to the State Government or to such an officer as may be appointed by the State Government in this behalf.
- The State Government or the officer so appointed may, after giving a reasonable opportunity to the appellant and the Authority of being heard, by an order confirm, reduce, enhance or annul the assessment.
Development Fund
- There shall be established and set apart a separate fund to be called "the Development Fund" and an Authority shall separately show the same in its budget.
- All moneys received by the Authority as development charge together with interest thereon, if any, under this Chapter shall be credited to the Development Fund.
- The money credited to the said Fund shall be utilized only for the purposes of acquisition and development of any land reserved for any of the public purposes specified in any plan or scheme under this Act and for providing public amenities in the area under the jurisdiction of the said Authority and maintenance and improvement thereof.
Here are the study notes for the text:
Levy and Assessment of Development Charge
- Development charge is levied by the Planning Authority or Development Authority on institution of use or change of use of any land or building, or development of any land or building, for which permission is required under this Act.
- The development charge is levied at rates specified by or under the provisions of this Chapter.
- No development charge shall be leviable under this Chapter in respect of use or change of use of any land or building, or development of any land or building, for which a development permission has already been granted before the 10th day of August 1992.
Classification of User of Lands and Buildings
- The user of land and building shall be classified into four categories: Industrial, Commercial, Residential, and Institutional.
- The predominant purpose for which such land and building is used shall be the basis for such classification.
Levy and Collection of Development Charge
- The development charge shall be levied and collected by the Authority at the rates specified in column (4) of the Second Schedule.
- The Authority may, from time to time, enhance or reduce the rate specified in column (4) of the Second Schedule and levy the development charge at such enhanced or reduced rate.
- In respect of the area under the jurisdiction of any Planning Authority or a New Town Development Authority, where the State Government declares its intention to undertake one or more Vital Urban Transport Projects, the development charges levied and collected under the provisions of this Chapter shall be increased by one hundred percent.
Assessment and Recovery of Development Charge
- Any person who intends to carry out any development or institute or change any use of any land or building shall apply to the Authority for the assessment of development charge payable in respect thereof.
- The Authority shall determine whether or not, and if so, what development charge is leviable in respect of that development or institution of use or change of use, and assess the amount of development charge payable by such person.
- The amount of development charge as shown in the notice of assessment shall be paid within thirty days of the receipt thereof by such person.
Appeal and Procedure
- Any person aggrieved by an order passed by the Authority under section 124E may prefer an appeal to the State Government or to such an officer as may be appointed by the State Government in this behalf.
- The State Government or the officer so appointed may, after giving a reasonable opportunity to the appellant and the Authority of being heard, by an order confirm, reduce, enhance or annul the assessment.
Development Fund
- There shall be established and set apart a separate fund to be called "the Development Fund" and an Authority shall separately show the same in its budget.
- All moneys received by the Authority as development charge together with interest thereon, if any, under this Chapter shall be credited to the Development Fund.
- The money credited to the said Fund shall be utilized only for the purposes of acquisition and development of any land reserved for any of the public purposes specified in any plan or scheme under this Act and for providing public amenities in the area under the jurisdiction of the said Authority and maintenance and improvement thereof.
Understand the concept of development charge, its levy and assessment by the Planning Authority or Development Authority on changes in land or building use or development.
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