Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 2] [Entire Act]

State of Andhra Pradesh - Section

Section 31 in Andhra Pradesh Urban Areas (Development) Act, 1975

31. Appeal and revision.

(1)Any person objecting, to an order passed by the Authority under Section 29 may within a period of two months from the date on which the order was communicated to him in the manner prescribed, appeal against such order to the Tribunal.Provided that the Tribunal may admit an appeal preferred after the expiration of the said period if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
(2)The appeal shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by such fee not exceeding two hundred and fifty rupees as may be prescribed.
(3)In disposing of an appeal, the Tribunal may after giving the appellant an opportunity of making his representation-
(a)in the case of an order or decision of assessment of development charges :-
(i)confirm, reduce, enhance, or annul such assessment;
(ii)set aside such assessment and direct the Authority to make a fresh assessment after such further inquiry as may be directed ; or
(iii)pass such other orders as it may think fit, or
(b)in the case of any other order or decision, confirm, cancel or vary such order or decision ;
Provided that at the hearing of any appeal against an order or decision of the Authority, the Authority shall have the right to be heard.
(4)Where as a result of the appeal any change become:; necessary in the order or decision appealed against, the Tribunal may authorise the Authority to amend such order or decision accordingly and on such amendment being made, any amount overpaid by the appellant shall be refunded to him without interest or the further amount of development charges, if, any, due from him shall be collected in accordance with the provisions of this Act, as the case may be.
(5)Notwithstanding that an appeal has been preferred under sub-section (1), the development charges shall be paid in accordance with the order or decision of assessment against which the appeal has been preferred ;Provided that the Tribunal may, in its discretion, give such directions as it thinks fit in regard to the payment of the development charges before the disposal of the appeal if the appellant furnishes sufficient security to its satisfaction, in such form and in such manner as may be prescribed.
(6)The Tribunal may pass such interlocutory orders pending the decision on the appeal as the Tribunal may deem fit.
(7)The Tribunal may award costs in proceedings under this section to be paid either out of the fund of the Authority or by such party to the appeal as the Tribunal may deem fit.
(8)The District Court may, of its own motion or on an application, call for and examine the record of any Tribunal in respect of any proceeding under this Chapter to satisfy itself as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed thereon ; and if, in any case it appears to the District Court that any such proceeding, decision or order should be modified, annulled or reversed or remitted for consideration, it may pass orders accordingly ;Provided that the District Court shall not pass any order adversely affecting any party has been given an opportunity of being heard.
(9)Any order passed by the Tribunal and the District Court under the provisions of this Chapter shall be enforced by such authority and in such manner as may be prescribed.Explanation. - For the purposes of this section, "District Court" shall mean-
(i)in the Cities of Hyderabad and Secunderabad the City Civil Court; and
(ii)elsewhere, the principal Civil Court of original jurisdiction.