Appeal against orders passed or omitted to be passed under section 44

Infrastructure1974135 sections

Statutory text

(1) Any applicant may appeal to the Prescribed Authority, (a) where he is aggrieved by an order passed under section 44 within two months of the communication of that order to him, (b) where no order is passed, after the expiry of a period of three months from the date of submission of the application. (2) An appeal under sub-section (1) shall be preferred in such manner and accompanied with such fees, not exceeding Rs. 10,000, as may be prescribed. (3) The Prescribed Authority may, after giving a reasonable opportunity of being heard to the appellant and the concerned Planning and Development Authority, pass an order— (a) Granting permission unconditionally; or (b) Granting permission subject to such conditions as it may think fit; or (c) removing the conditions subject to which permission has been granted and imposing such other conditions, if any, as it may think fit; or (d) refusing permission: Provided that the Prescribed Authority shall dispose of every appeal within three months of the date of preferring the same and if not so disposed it shall be deemed that the prayer of the appellant is granted.

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