Section 415 in The Gujarat Provincial Municipal Corporations Act, 1949
415. Appeals against demolition orders.
(1)On an appeal being made against a demolition order made under section 300 or 303, the Judge may make such order either confirming or quashing or varying the order as he thinks fit, and he may, if he thinks fit, accept from an appellant any such undertaking as might have been accepted by the Commissioner, and any undertaking so accepted by the Judge shall have the like effect as if it had been given to and accepted by the Commissioner under section 300:Provided that the Judge shall not accept from an appellant upon whom such a notice as is mentioned in sub-section (1) of section 300 was served an undertaking to carry out any work unless the appellant complied with the requirements of sub-section (2) of that section.(2)An appeal shall lie to the [Civil Appellate Court] [These words were substituted for the words 'District Court' by Gujarat 8 of 1968, Section 8(2) (w.e.f. 30-03-1968).] from a decision of the Judge on an appeal under this section, within one month of such decision, when the rateable value entered in the Commissioner's assessment book in accordance with the provisions of this Act, of the premises to which the demolition order appealed against wholly or partially relates, exceeds two thousand rupees.(3)A decision passed by the Judge under this section, if an appeal does not lie therefrom under sub-section (2) or if no appeal is filed, and, if an appeal is filed, the decision of the [Civil Appellate Court] [These words were substituted for the words 'District Court' by Gujarat 8 of 1968, Section 8(2) (w.e.f. 30-03-1968).] in appeal, shall be final.(4)Any order against which an appeal might be brought under this section shall, if no such appeal is brought, become operative on the expiration of the period of twenty-one days mentioned in section 306, and shall be final and conclusive to any matters which could have been raised on such appeal, and any such order against which an appeal is brought shall, if and so far as it is confirmed by the Judge or the [Civil Appellate Court] [These words were substituted for the words 'District Court' by Gujarat 8 of 1968, Section 8(2) (w.e.f. 30-03-1968).], become operative as from the date of the final determination of the appeal.(5)For the purpose of this section, the withdrawal of an appeal shall be deemed to be the final determination thereof, having the like effect as a decision confirming the order appealed against and, subject as aforesaid, an appeal shall be deemed to be finally determined on the date when the decision of the [Civil Appellate Court] [These words were substituted for the words 'District Court' by Gujarat 8 of 1968, Section 8(2) (w.e.f. 30-03-1968).] is given, or in a case where no appeal is brought to the [Civil Appellate Court] [These words were substituted for the words 'District Court' by Gujarat 8 of 1968, Section 8(2) (w.e.f. 30-03-1968).], upon the expiration of the period within which such an appeal might have been brought, or in a case where no appeal lies to the [Civil Appellate Court] [These words were substituted for the words 'District Court' by Gujarat 8 of 1968, Section 8(2) (w.e.f. 30-03-1968).], on the date when the decision of the Judge is given.
