Section 46 in Sikkim Urban and Regional Planning and Development Act, 1998
46. Appeal against refusal or conditional grant of permission.
(1)Any applicant aggrieved by an order passed under sub-section (2) of section 45 may appeal, within one month of the communication of that order or if no order is passed, after the expiry of the period of three months from the date of submitting the application for permission, to the Government or an officer appointed by the Government, in this behalf in the manner and accompanied by such fees as may be prescribed.(2)The appellate authority, after receiving the appeal and after giving reasonable opportunity to the appellant and the concerned Authority to be heard, may pass an order dismissing the appeal or allowing the appeal by:-(a)Granting permission unconditionally; or(b)Granting permission subject to such conditions as it may think fit; or(c)Removing the conditions subject to which permission has been granted and imposing other conditions, if any, as it may consider fit.
