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State of Jammu-Kashmir - Section

Section 13 in The Jammu and Kashmir Control of Building Operations Act, 1988

13. Appeals.

(1)An appeal against the order of an Authority made under [section 5 or] [Substituted by Act, VI of 1997, Section 5. w.e.f. 28-5-1998.] section 7 shall lie to such person as the Government may, by notification in the Government Gazette, appoint in this behalf (hereinafter called 'the Appellate Officer') within seven days after the date of the aforesaid order of the Authority. The memorandum of appeal need not be accompanied by copy of order appealed from.
(2)Where any appeal is preferred from an order of an Authority, the appellate officer shall not stay the enforcement of that order unless the Authority concerned is given an opportunity of being heard :Provided that where the erection or re-erection of any building was not completed on the day on which an order was made under section 7 for the demolition of such building the appellate officer shall not make any order for the stay of enforcement of such order unless such security, as may be sufficient in the opinion of the appellate officer, has been given by the appellant for not proceeding with such construction, erection or work pending the disposal of appeal.
(3)Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.
(4)The costs of any appeal under this section shall be in the discretion of the appellate officer.