37. Power of Authority to levy betterment charges.- (1) Where, in the opinion of the Authority, as a consequence of any development having been executed by the Authority in any development area, the value of any property in that area or in any area other than the development area, which has been benefited by the development, has increased or will increase, the Authority shall be entitled to levy upon the owner of the property or any person having an interest therein a betterment charge in respect of the increase in value of the property resulting from the execution of the development:
PROVIDED that no betterment charge shall be levied in respect of lands owned by government within Delhi:
PROVIDED FURTHER that where any land belonging to government has been let out by government to any person, then that land and any building situate thereon shall be subject to a betterment charge under this section.
(2) Such betterment charge shall be an amount-
(i) in respect of any property situate in a development area, equal to one-third of the amount, and
(ii) in respect of property situate in any other area, not exceeding one-third of the amount, by which the value of the property on the completion of the execution of the development scheme estimated if the property were clear of buildings exceeds the value of the property prior to such execution estimated in like manner:
PROVIDED that in levying betterment charge on any property under clause (ii), the Authority shall have regard to the extent and nature of benefit accruing to the property from the development and such other factors as may be prescribed by rules made in this behalf.