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Section 9

The Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972State Act of Gujarat · Act 12 of 1973

(1) An appeal shall lie from every order of the competent officer made in respect of any public premises under section 5 or section 7 to an appellate officer who shall be the district judge of the district in which the public premises are situate or such other judicial officer in that district who has for at least ten years held a Judicial office in the State as the district judge may designate in this behalf.

(2) An appeal under sub-section (1) shall be preferred,- Disposal of property left on public premises by unauthorised occupants.

Power to require payment of rent or damages, in respect of public premises.

Power of competent officers.

V of 1908.

Appeal.

(a) in the case of an appeal from an order under section 5, within fifteen days from the date of the service of the order under sub-section (1) of that section; and

(b) in the case of an appeal from an order under section 7, within fifteen days from the date on which the order is communicated to the appellant :

Provided that the appellate officer may entertain the appeal after the expiry of the said period of fifteen days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(3) Where an appeal is preferred from an order of the competent officer, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit.

(4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.

(5) The costs of any appeal under this section shall be in the discretion of the appellate officer.

(6) For the purposes of the principal Judge of the Ahmedabad City Civil Court shall be deemed to be the district judge of the district, and the City of Ahmedabad shall be deemed to be a district.

10. Save as otherwise expressly provided in this Act, every order made by a competent officer or appellate officer under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

Where this provision sits

ActThe Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972
Section9
JurisdictionState of Gujarat
StatusIn force as published by the source

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