Assessment of betterment charge by Authority
Section 38 of the Delhi Development Act, 1957 deals with assessment of betterment charge by Authority. 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 The Act came into force on 30 Dec 1957.
(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.
Section 38, The Delhi Development Act, 1957 (Act 61 of 1957).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 38
What does Section 38 of the Delhi Development Act deal with?
Section 38 of the Delhi Development Act is headed "Assessment of betterment charge by Authority". 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
How do I find court cases under Section 38 of the Delhi Development Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Delhi Development Act 1957 38, section 38 Delhi Development Act 1957, section 38 of the Delhi Development Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 38 of the Delhi Development Act, and has it changed?
Its own text turns on section 37 (Power of Authority to levy betterment charges), section 39 (Settlement of betterment charge by arbitrators), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. One instrument names it without being made under it, most recently Delhi Development (Better Charge Arbitration) Rules, 1961 (1961).
When did Section 38 of the Delhi Development Act come into force?
Section 38 of the Delhi Development Act, cited as Delhi Development Act 1957 38, came into force on 30 Dec 1957, having been enacted on 27 Dec 1957. It is in force as at the date shown on this page.
Other sections of this Act
- 31. Power to stop development778 words
- 3. The Delhi Development Authority632 words
- 56. Power to make rules617 words
- 30. Order of demolition of building596 words
- 43. Service of notices, etc557 words
- 60. Repeal, etc., and savings462 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.