Section 38
Assessment of betterment charge by Authority.
The Delhi Development Act, 1957
About this Act
An Act to provide for the development of Delhi according to plan and for matters ancillary thereto.
(1) When it appears to the Authority that any
particular development scheme is sufficiently advanced to enable the amount of the betterment charge to
be determined, the Authority may, by an order made in this behalf, declare that for the purpose of
determining the betterment charge the execution of the scheme shall be deemed to have been completed
and shall thereupon give notice in writing to the owner of the property or any person having an interest
therein that the Authority proposes to assess the amount of the betterment charge in respect of the
property under section 37.
(2) The Authority shall then assess the amount of betterment charge payable by the person concerned after giving such person an opportunity to be heard and such person shall, within three months from the date of receipt of the notice in writing of such assessment from the Authority, inform the Authority by a declaration in writing that he accepts the assessment or dissents from it.
(3) When the assessment proposed by the Authority is accepted by the person concerned within the period specified in sub-section (2) such assessment shall be final.
(4) If the person concerned dissents from the assessment or fails to give the Authority the information required by sub-section (2) within the period specified therein the matter shall be determined by arbitrators in the manner provided in section 39.
(2) The Authority shall then assess the amount of betterment charge payable by the person concerned after giving such person an opportunity to be heard and such person shall, within three months from the date of receipt of the notice in writing of such assessment from the Authority, inform the Authority by a declaration in writing that he accepts the assessment or dissents from it.
(3) When the assessment proposed by the Authority is accepted by the person concerned within the period specified in sub-section (2) such assessment shall be final.
(4) If the person concerned dissents from the assessment or fails to give the Authority the information required by sub-section (2) within the period specified therein the matter shall be determined by arbitrators in the manner provided in section 39.