Section 35 in The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
35. Appeals.
- [(1) Except as otherwise expressly provided in this Act, any person aggrieved by any notice, order or direction issued or given by the Competent Authority, may appeal to the Appellate Authority, who shall be a person holding a post not below the rank of Additional Collector, in respect of the areas of Municipal Corporations and "A" Class Municipal Councils, and not below the rank of Deputy Collector, in respect of areas of other Municipal Councils, to be notified by the State Government, within a period of thirty days from the date of issue of such notice, order or direction.] [Substituted by Maharashtra Act No. 38 of 2018, dated 26.4.2018.](1A)[ Any person,-(a)aggrieved by any notice, order or directions issued or given by the Appellate Authority under sub-section (1), within a period of thirty days from the date of issue of such notice, order or direction;(b)[ for the purpose of resolving any dispute in relation to matters regarding the declaration of Slum Rehabilitation Area under section 3C and order of slum clearance under section 12 or order under section 13 against the owner or developer not undertaking and completing the project as per the permission and approval so also within the stipulated time frame or order regarding eviction of the slum dweller from Slum Rehabilitation Area under section 3D, by the Chief Executive Officer and about eligibility of slum dweller, eligible slum dweller being denied tenement, transit accommodation being unavailable or not provided and likewise;]may file an appeal before the Grievance Redressal Committee constituted by the State Government, by notification in the Official Gazette, for such area and consisting of the Chairperson and such number of members as the Government may deem fit. The qualifications of the Chairperson and the members of the Committee and the procedure to be followed for transacting its business shall be such as may be prescribed.] [Sub-section (1A) was inserted by Maharashtra 11 of 2012, Section 11(b), (w.e.f. 19-6-2012).](2)Every appeal under this Act shall be made by petition in writing accompanied by a copy of the notice, order or direction appealed against.(3)[ Any appeal shall not operate as a stay order appealed from except so far as the Appellate Authority may grant by reasoned order, nor shall execution of any order be stayed by reason only of an appeal having been preferred from, but the Appellate Authority may for sufficient cause order stay of execution of such order and if the notice, order or direction against which appeal is made and is set aside by Appellate Authority on an appeal disobedience thereto shall not be deemed to be an offence.] [Substituted by Maharashtra Act No. 38 of 2018, dated 26.4.2018](4)No appeal shall be decided under this section unless the appellant had been heard or has had a reasonable opportunity of being heard in person or through a legal practitioner.(5)The decision of the [Grievance Redressal Committee] [These words were substituted for the word 'Administrator' by Maharashtra 11 of 2012, Section 11(c), (w.e.f. 19-6-2012).] on appeal shall be final and shall not be questioned in any court.
