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Appeal against levy of development charges

Section 76 of the Town and Country Planning Act provides that any person objecting any decision taken or passed by the planning authority regarding levy and assessment of development charges could make an appeal to the Director within a period of two months from the date of communication of order or decision.

The Director, if satisfied may admit an appeal even after the expiration of the said period that the appellant had sufficient cause of not preferring the appeal within the said period.

Appeal will not be entertained unless it is accompanied by satisfactory proof of the payment of the development charges admitted by the appellant to be due.

The appeal should be in the prescribed form.

The appeal will be verified in the prescribed manner.

In disposing of an appeal, the Director may, after giving the appellant an opportunity for making his representations-

(a) in the case of an order of assessment of development charge-
(i) confirm, reduce, enhance or annual such assessment;
(ii) set aside such assessment and direct the planning authority to make a fresh assessment after such further inquiry as may be directed; or
(iii) pass other orders as he may think fit; or

(b) in the case of any other order or decision confirm, cancel or vary such order or decision.

At the hearing of any appeal against an order or decision of the planning authority, the planning authority shall have the right to be heard.

If any change becomes necessary in the order, the Director may authorise the planning authority to amend such order or decision accordingly and any amount overpaid by the appellant shall be refunded to him without interest or the further amount of development charges, if any, due from him shall be collected in accordance with the provisions of the Act

The Director may, in his discretion, give directions as he thinks fit for payment of the development charges before the disposal of the appeal, if the appellant furnishes sufficient security to his satisfaction in the prescribed form and manner prescribed.

The Director may pass such interlocutory orders pending the decision on the appeal as the Director may deem fit.

The Director may award costs in proceedings under this section to be paid either out of the Fund Account or by such party to the appeal, as the Director may deem fit.

Further, as per section 77 of the Town and Country Planning Act, any person objecting to an order passed by the Director on appeal gainst the assessment of development charges, may appeal against the order of the Director to the Tribunal within a period of two months from the date on which the order was communicated to him from the Director.

Appeal to the tribunal should be made in the prescribed form and should be accompanied with the requsite fee.

As per section 78 of the Act, the District Court may, of its own motion or on an application, call for and examine the record of any Tribunal in respect of any proceeding pertaining to Appeal, Revision and Review done and could modify, annul or reverse or remit for reconsideration after giving the party concerned an oppertunity of being heared.

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