Amendment status not verified — confirm the current text below against the official source.
(1) Tfthe h l Development Authoirty, after holding a local inquiry Powers to or upon report from any of its officers or other information in its possession, is provide amenity satisfied that my anlenity iu rclation to any landin local development area hzs Or cav Out devclopment at not been provided which in the opinion of the Local Development Authority ofowner ought to have been or ought to be provided or that any development of the the event of his 4 ' land for which permission, approwl or sanction has been obtained under this default and to ' Chapter or under any law in force before the coming inb force of this chapter l c ~ cess in has not been canied out, it may, after acirding the owner of the land or the cases. person providing or responsible for providing the amenity a reasonable opportunity to show cause, by order require him to provide the amenity or carry out the devclopment within such time as may be specified in the order. URBAN DEVELOPMENT AUTIIOKITY 1 1977 : Haryana Act 13 (2) If any amenity is not provided or any such developmc~t is not carried out w i t h thc rime spccifid in the order, then the Local ~evelhprnent ~uthority [nay itselfprovide the amenityorcarryout the dcveloprnctlt or have it pl-ovidcd or carried out through such agency as it deems fit : I Provided that before takmg any actiou under this sub-section, the Local Development Authori ty shall afford a rcasona blc oppoaunity io thc owner o F the !and or to the person providing or responsible for providing the anlenity to show cause as to why such action should not be taken. (3) All expenses incurred by the Local Development Authority or the agency cmpIoyed by it in providing the amenity or canying out the development together with interest at such rate as the State Government may by order fix fiom the date when a demand for the expenses is made until payment may be recovered by the Local Developn~ent Authority ficlrn the owner or the person providing or responsible for providing thc amenity as arrears of land revenue. (4) Notwithstanding anything contained in the foregoing sub-sections where the Local Development Authority on the written representation by so many of the owners of any land in a development area as may represent not less than one half of the area, of that land, is satisfied that any amenity in 1 relation to such land has bot been provided wbich in the opinion of the b c a l Development Authority ought to have been or ought to be provided, or tbat any development of that land for which pem~ission, approval or sanction has been obtained under this chapter or under any law in force before the com~nencement ofthis Chapter has not been carried out, it may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit, and recover the expenscs by levy ofccss fiom all the owners of the said land : Provided that if the owners making the said representation contend that the amenity had been agreed to be provided or the development had been agreed to be carried out by a coIonizer or mperative housing society through or from whom the land was acquired by them, they shall file with the h c a l Developmcnt Authority a copy of such agreement or of the decd of transfer or of the bye-laws of the society incorporating such agreement, and no action shall be taken by the h c a l Developqent Authority under this sub-section unless notice has been gvcn to thecolonizer or the society, as the case may be, to show-cause why such action should not be takcn : Provided M e r that where the Local DevelopmentAuthority is satisfied that the coloniser or the society has become defunct or is not traceable, no I 977 : Haryana Act 1 3 1 URBAN DEVELOPMER'~ AUTHORITY notice under the preceding proviso need be issued. (5) The cess referred to in sub-section (4) shall be equivalent to the - expenses incurred by the Local Develop~nent Authority or the agency employed by it in providing the amenity or carrylng out I he development, together with interest at such rate as the State Government may by order fix, from the date of completion of the work until payment, and shall be assessed and levied on all the owners of the land in proportion to the respective areas of land owned by them. (6) The said cess shall bc payable in such number of instalments, and each instalment shall be payable at such time and in such manner, as the Local Development Authority may fix, and arrear of cess shall be recoverable as arrears of land revenue. (7) The expenses incurred by the Lucal Development Authori ty or the agency employed by it under this section shall he certified by the Local Development Authority, and such cerW?cate, as also the assessment of the cess, if any, under sub-section (5) shall be final. . . (8) If under any agreement between the owners of the land, the colonizer or thc society referred to in ~1:bsection (4) the responsibility for providing the amcnity or carrying out the development rested with such colonizer or society, the cess payable under that sub-section by the owners shall be recoverable by them from tbe colonizer or the society, as the case may be.