Section 42. Agreement for payment of betterment charges

liable to pay betterment charges in respect of any land may at his option instead of
paying the same to the Board, execute on agreement with the Board, to leave the
payment outstanding JIS a charge on his interest in the land, subject to the payment
in perpetuity of interest at such rale as may be prescribed.
(2) Every payment due from any person in respect of betterment charges
and every charge referred to in sub-section (1) shall, notwithstanding anything
contained in any other enactment and notwithstanding the execution of any mort
gage^ or charge, created either before or after the commencement of this Act, be
the first charge upon the interest of such person in such land.