Section 12 in Gujarat Regularisation of Unauthorised Development Act, 2011
12. Appeal.
(1)Any person aggrieved by the order or decision of the designated authority under section 6 may within sixty days from the date of the receipt of the order prefer an appeal to an Appellate Officer, who shall be a person who has held the office of a Judge of District Court for a period not less than three years or a Secretary to the Government of Gujarat, and appointed in this behalf by the State Government.(2)The State Government may appoint as many Appellate Officers as it may deem fit for different areas or part thereof :Provided that, the Appellate Officer may entertain the appeal after the expiry of the said period of sixty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.(3)On receipt of an appeal under sub-section (1) along with a fee of rupees one hundred, the appellate officer may, after giving the appellant an opportunity of being heard, pass an order confirming, modifying or cancelling the order appealed against as expeditiously as possible.(4)The decision of the Appellate Officer under sub-section (2) shall be final and shall not be questioned in any court of law.(5)No appeal under this section by an aggrieved applicant shall be entertained by the Appellate Officer unless an amount equivalent to the 50% of the fees payable under this Act is deposited with the designated authority:Provided that where in the opinion of the Appellate Officer amount to be deposited by the appellant is likely to cause undue hardship to him, the Appellate Officer may in his discretion unconditionally or subject to such conditions as he may think fit to impose, dispense with a part of the amount to be deposited so however that the part of amount so dispensed with shall not exceed fifty per cent. of the amount required to be deposited.(6)The Appellate Officer shall receive, such monthly salary and such other facilities and allowances from such authority as the State Government may determine from time to time.(7)The provisions of sub-sections (2) to (5) shall not apply in a case where the appeal is not preferred by the occupier or owner.
