Section 78: Recovery of betterment from owners of land or property increased in value

(1) Where by the coming into operation of any provisions contained in a Physical Development Plan or by the execution of any work under a Physical Development Plan, any land or property within the area to which the Physical Development Plan or work relates is increased in value, the Control Department may recover within three years after the date on which the provision came into operation, or within three years after the completion of the development or activity, as the case may be, from any person whose property is thereby increased in value for an amount not exceeding 75 per cent of the increase thereto.
(2) For the purpose of this provision, the Control Department may make rules or regulations.
(3) A claim in respect of an increase in the value of any land or property shall be made by the Control Department by serving upon the person from whom the amount is recoverable, a notice in writing stating the basis of the claim and the amount.
(4) Any sum recoverable under this section may be set off against any claim for compensation payable under this Act.
(5) Where any provision of an existing scheme is revoked or modified by a subsequent scheme, no claim for betterment shall accrue to the Control Department in respect of any land or any property whose value is being increased:
Provided that any outstanding claim due to the Control Department from any person whose land or property is affected by previous scheme before the revocation or modification order shall not thereby be discharged but the payment of the amount recoverable shall remain enforceable as a debt due and payable to the Control Department under this Act.