section 71
Appeal.
Dadra and Nagar Haveli and Daman and Diu Town and Country Planning Act, 1974Infrastructure1974135 sections
Statutory text
- (1) (a) From every decision of the Planning and Development Authority in matters arising out of clauses (a), (b), (c), (n) and (o) of sub-section (1) of section 70, an appeal shall lie within one month from the date of such decision, to the prescribed authority.
- (b) Any person aggrieved by the decision in appeal of the prescribed authority in matters referred to in clause (a), may appeal, within sixty days from the date of decision of the prescribed authority in appeal, to the District Judge within the local limits of whose jurisdiction the area included in the scheme is situated.
- (c) The District Judge may transfer the appeal filed before him to the Additional District Judge for disposal.
- (d) The District Judge or the Additional District Judge, as the case may be, after making such enquiry as he thinks fit, may either direct the Planning and Development Authority to reconsider its proposals or accept, modify, vary or reject the proposals of the Planning and Development Authority and shall decide all matters arising out of the matters referred to in clause (a).
- (e) The decision of the District Judge or the Additional District Judge, as the case may be, shall be final and binding on all persons. A copy of the decision in appeal shall be sent to the Planning and Development Authority.
- (2) (a) Any decision of the Planning and Development Authority in matters arising out of clauses (d) to (m) (both inclusive) and clause (p) of sub-section (1) of section 70 shall be forthwith communicated to the party concerned and any party aggrieved by such decision may, within sixty days from the date of communication of the decision, appeal to the Tribunal of Appeal appointed under section 72.
- (b) The provisions of sections 5, 12, and 14 of the Limitation Act, 1963 (Central Act 36 of 1963) shall apply to appeals preferred under this section.
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