PRTPD Act 142Chapter XIII · Levy, Assessment and Recovery of Development Charge and Betterment Charge

Section 142 · Appeal

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(1)

Any person aggrieved by an order passed by the Arbitrator under section 139 or section 140 may, within a period of sixty days from the date on which the order was communicated to him, in the manner specified in section 104, prefer appeal against such order to the Tribunal of Appeal.

(2)

In disposing of an appeal, the Tribunal of Appeal may, after giving the appellant an opportunity of making his representation and also hearing the Authority -

(i)

confirm, reduce, enhance or annul the order of assessment, or

(ii)

set aside such order and direct the Arbitrator to make a fresh assessment after such further enquiry as may be directed, or

(iii)

pass such other order as it may think fit.

(3)

The decision of Tribunal of Appeal shall be final and binding on all the parties to such appeal.

(4)

Notwithstanding that an appeal has been preferred under sub-section (1), the payment of development charge or the betterment charge in accordance with the order against which the appeal has been preferred, shall not be stayed :Provided that the Tribunal of Appeal may, in its discretion, give such directions as it thinks fit in regard to the payment of the development charge or the betterment charge before the disposal of the appeal if the appellant furnishes sufficient security to its satisfaction for such payment, in such form and in such manner as may be prescribed.

(5)

Any order passed by the Tribunal of Appeal under the provisions of this section shall be enforced by such authority and in such manner as may be prescribed.

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