Section 77 in Tamil Nadu Town and Country Planning Act, 1971
77. Appeal to the Tribunal.
(1)Any person objecting to an order passed by the Director under sub-section (3) of section 76 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 charge-(i)confirm, reduce, enhance or annual such assessment;(ii)set aside such assessment and direct the planning authority concerned 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 Director, the planning authority concerned shall have the right to be heard.(4)Where as a result of the appeal, any change becomes necessary in the order or decision appealed against, the Tribunal may authorise the planning authority concerned 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 Account or by such party to the appeal as the Tribunal may deem fit.
