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State of Bihar - Section

Section 35 in The Bengal Drainage Act, 1880

35. Appeal against apportionment.

- Any person who may deem himself to be aggrieved by any such apportionment may, within one month after such report has been published, prefer an objection before the Commissioners, and the Commissioners shall be bound to inquire into and decide upon such objection;and any person who is dissatisfied with such decision may, within one month from the date of such decision, appeal to the Commissioner of the Division against such apportionment;and such Commissioner shall cause notice of the day fixed for the hearing of such appeal to be published by affixing the same in the office of the Collector and of the Sub-Divisional officer and in a conspicuous place in every village;and in the Court of every Munsif within whose jurisdiction, and at every police thana within the limits of which, any of the lands mentioned in such report are situate.Such Commissioners shall hear such appeal and the objections thereto of all persons interested, and may confirm such apportionment,or may revise and alter the same as to him shall seem fit, or may return the same to the Commissioners for further consideration and revision:Provided that the total sum apportioned by every appointment and report so revised and altered, as payable in respect of all the lands improved or reclaimed by the works shall not be less than the total cost of the construction of such works within the meaning of Section 25.Every such apportionment and report, when revised or altered, shall, so far as the same has been altered, be published, and be liable to appeal, in like manner as the original apportionment and report.The decision of the Commissioner of the Division upon any appeal under this section shall be final.