Section 76 in Tamil Nadu Town and Country Planning Act, 1971
76. Appeal to the Director.
(1)Any person objecting to any decision or order taken or passed by the planning authority under the provisions of Chapter VII of this Act may, within a period of two months from the date on which the decision or order was communicated to him in the manner prescribed, appeal against such decision or order to the Director:Provided that the Director may admit an appeal preferred after the expiration of the said period, if he is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period:Provided further that no appeal shall be entertained under this sub-section unless it is accompanied by satisfactory proof of the payment of the development charges admitted by the appellant to be due.(2)The appeal shall be in the prescribed form and shall be verified in the prescribed manner.(3)In disposing of an appeal, the Director may, after giving the appellant an opportunity for making his representations-(a)in the case of an order of assessment of development charge-(i)confirm, reduce, enhance or annual such assessment;(ii)set aside such assessment and direct the planning authority to make a fresh assessment after such further inquiry as may be directed; or(iii)pass such other orders as he 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 planning authority, the planning authority 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 Director may authorise the planning 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 for this Act, as the case may be.(5)Notwithstanding that an appeal has been preferred under sub-section (1), the development charge shall be paid in accordance with the order or decision of assessment against which the appeal has been preferred:Provided that the Director may, in his discretion, give such directions as he thinks fit in regard to the payment of the development charges before the disposal of the appeal, if the appellant furnishes sufficient security to his satisfaction in such form and in such manner as may be prescribed.(6)The Director may pass such interlocutory orders pending the decision on the appeal as the Director may deem fit.(7)The Director 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 Director may deem fit.
