45. (1) When, by the execution of any scheme or project under this Ordinance, any land in the area comprised therein which is not required for the execution thereof will, in the opinion of the Corporation, be increased in value or will obtain benefit from the execution of the scheme or project, the Corporation, may, while preparing the scheme or project, or at any time thereafter with the previous sanction of the Government, provide that a development fee shall be paid by the owners thereof or any person having interest therein.
(2) The Corporation may at any time after the sanction of the scheme or project under section 33, by resolution declare that for the purpose of levy of development fee the scheme or project shall be deemed to have been executed and shall thereupon proceed to assess the demand in accordance with the rules made under sub section (4).
(3) In fixing the amount of development fee to be charged in respect of any land or class of land, the Corporation shall also take into consideration the actual expenditure incurred or to be incurred in the execution of the scheme or project and the degree to which the land or any part of the land has or will be benefited thereby.
(4) The Government may make rules providing for-
(a) the manner in which the demand for development fee shall be assessed and distributed on the land comprised in the scheme or project and the person or persons by whom the fee shall be payable;
(b) the acceptance by the Corporation of a satisfactory and sufficient security in lieu of immediate payment of development fee by an owner of land or any person interested therein;
(c) the mode by which development fee shall be realised, the number of instalments to be allowed and the interest chargeable on the balance outstanding from time to time; and
(d) the mode of preferring appeal from assessment by the Corporation and the authority to which that appeal shall lie.