Chapter VIII GRIEVANCE REDRESSAL

Establishment of grievance redressal committee.-

1. (1) The State Government may establish separate Grievance Redressal Committee for different areas as required comprising of one or more members namely, -
   • (a) the Administrative Secretary, Urban Development and Poverty Alleviation Department or any other officer the State Government may designate in this behalf, shall be the Chairperson;
   • (b) the Deputy Commissioner of the district or his representative as the case may be; and
   • (c) the Chief Town and Country Planner of Mizoram, Member Secretary, ex-officio;
   • (d) Director of Land Revenue & Settlement Department or his representative;
2. (2) While dealing with any complaint, to assist the committee, the Chairperson of the committee, may appoint an officer of the Appropriate Authority or officers of any authority, having the jurisdiction to deal with the complaint.

Jurisdiction of grievance redressal committee.- Subject to the provisions of this Act, the Grievance Redressal Committee shall have jurisdiction to entertain complaint in respect of the following matters, namely, -

1. (a) Where a complaint pertains to Town Planning Scheme and the allotment of a Final Plot in joint ownership: Provided that no application can be made in respect of alteration of boundaries of the Final Plot and the share of interest or benefits decided in the scheme.
2. (b) Where a complaint pertains to a sanctioned Local Area Plan and the shares of the rights are in joint ownership;

Manner in which complaint shall be made before the grievance redressal committee.- A complaint in relation to any matter arising out of clause

1. (a) or clause
2. (b) of section 51 may be filed with a Grievance Redressal Committee, by-
3. (a) One or more owners of the Final Plot or the property, having the same interest; or
4. (b) The Appropriate Authority; or
5. (c) The local body; or
6. (d) The Central or the State Government; or
7. (e) Any other authority or any other person.

1. (1) The Grievance Redressal Committee shall, on receipt of a complaint, if it after arising out of clause(a) or clause(b) of section 51-
   • (a) refer a copy of the complaint to the one or more parties mentioned in the complaint directing them to give their version of the case within a period of thirty days or such an extended period not exceeding fifteen days as may be granted by the Grievance Redressal Committee;
   • (b) where the party or parties on receipt of a complaint referred to them under clause
   • (a) denies the claims or disputes or the allegations contained in the complaint, or omits or fails to take any action to represent their case within the time given by the Grievance Redressal Committee, the Grievance Redressal Committee shall proceed to settle the dispute in the manner specified in clauses
   • (c) to (f);
   • (c) where the complaint alleges a defect in the size or location or shape or area of the Final Plot or the plot and which cannot be determined without proper survey, the Grievance Redressal Committee shall obtain a report from the Revenue Officer or any other Officer appointed by the State Government, as the case may be (hereinafter referred to as the Survey Officer), with a view to finding out whether such a Final Plot suffers from any defect alleged in the complaint or suffer from any other defect and to report its findings thereon to the Grievance Redressal Committee within a period of thirty days of the receipt of the reference or within such extended period as may be granted by the Grievance Redressal Committee;
   • (d) before any survey is referred to the Survey Officer under clause (c), the Grievance Redressal Committee may require the complainant to deposit such fees and, in such account, as may be specified;
   • (e) on receipt of the report from the Survey Officer, the Grievance Redressal Committee shall forward a copy of the report along with such remarks as deemed fit, to the concerned parties;
   • (f) the Grievance Redressal Committee shall thereafter give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the Survey Officer.
2. (2) Notwithstanding any inquiry made under sub-section (1), the Grievance Redressal Committee may conduct inquiry, as deemed fit, if required by appointing a person or an officer having knowledge about the subject of complaint, with a view to address the issues.
3. (3) No proceedings complying with the procedure laid down in sub-sections
4. (1) and
5. (2) shall be called in question in any court on the grounds that the principles of natural justice have not been complied with.
6. (4) For the purposes of this section, the Grievance Redressal Committee shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure,1908(5 of 1908) while trying a suit in respect of the following matters, namely, -
   • (i) The summoning and enforcing attendance of any defendant or witness and examining the witness under oath;
   • (ii) the discovery and production of any document or other material object producible as evidence;
   • (iii) the receipt of evidence on affidavits;
   • (iv) the requisition of the report of the concerned analysis or test from the Survey Officer or from any other relevant officer or relevant source;
   • (v) issuing of any commission for the examination of any witness; and
   • (vi) any other matter.
7. (5) Every proceeding before the Grievance Redressal Committee shall be deemed to be a judicial proceeding and the Grievance Redressal Committee shall be deemed to be a Civil Court under this Act, the same powers vested in Civil Court under the Code of Civil Procedure, 1908.

1. (1) After the proceeding conducted under section 52, the Grievance Redressal Committee, with regards to the complaint, by an order, shall decide, in the Town Planning Scheme or as the case may be the Local Area Plan, namely-
   • (a) To make the variation, or
   • (b) To refuse to make the variation.
2. (2) In case of any decision with respect to clause
   • (a) of section (1), -
   • (a) In case of Town Planning Scheme,-
     • (i) to define the size, shape and location of the Final Plot of the sanctioned preliminary or Final Scheme by altering the boundaries, and the share or shares of one or more owners.
     • (ii) direct the Appropriate Authority to demarcate on ground, in consultation with the Survey Officer, the plots for which decision is taken under sub-section (2), clause (a)
   • (b) In case of Local Area Plan,-
     • (i) to define the size, shape and location of the portion of the plot which is to be designated for public purpose by altering the boundaries of the plot, and the share or shares of development rights of one or more owners of the property.
     • (ii) direct the Appropriate Authority to demarcate on ground, in consultation with the Survey Officer, the plots for which decision is taken under sub-section (2), clause (b).;
3. (3) If the notification made under sub-section (1), relates to clause
   • (a) of sub-section (1), it shall specify the date on which it comes into force.
4. (4) From the date of the notification the variation shall take effect as it were incorporated in the sanctioned Town Planning Scheme or the sanctioned Local Area Plan.