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State of West Bengal - Section

Section 74 in West Bengal Town and Country (Planning and Development) Act, 1979

74. Appeal.

(1)
(a)From every decision of the Development Authority in matters arising out of clauses (a), (b), (c), (n) and (o) of sub-section (1) of section 73, an appeal shall lie within one month from the date of the decision, to the authority to be prescribed.
(b)Any person aggrieved by the order of the prescribed authority under clause (a) may prefer an appeal within sixty days from the date of the order of the prescribed authority, to the District Judge within the local limits of whose jurisdiction the area included in the scheme is situated.
(c)The District Judge may hear the appeal or transfer the appeal filed before him to an Additional District Judge for disposal.
(d)The District Judge or the Additional District Judge, as the case may be, may after hearing the parties either direct the concerned Authority to reconsider its proposals or accept, modify, vary or reject the proposals of such Authority and shall decide all matters arising out of the different clauses of sub-section (1) of section 73 and referred to in clause (a) of this sub-section.
(e)The decision of the District Judge or the Additional District Judge, as the case may be, shall be final and binding on all the parties and a copy of such decision shall be sent to the concerned Authority.
(2)
(a)Any decision of the Development Authority under clauses (d) to (m) (both inclusive) and clause (p) of sub-section (1) of section 73 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 75, for decision.
(b)The provisions of sections 5,12 and 14 of the Limitation Act, 1963 (36 of 1963), shall apply to appeals submitted under this section.