(1) Persons competent to appear before Grievance Redressal Committee.-—Every Appellant may appear before the Grievance Redressal Committee in person or through any person holding his duly attested power of attorney or through a Lawyer who has been duly authorized by the Appellant and where the State Government or Semi-Government Office is the Appellant, it may be represented through a Gazetted Officer or a Lawyer who has been duly authorized by the State Government or Semi- Government Office to represent it before the said Committee.
(2) Notices to parties for appearance before Grievance Redressal Committee .-—(a) After an Appeal for admission or hearing or final hearing is registered, a clear notice of at least three days shall be served on all parties concerned calling upon them to appear before the Grievance Redressal Committee on the date specified in the said notice. Every such notice issued by the Grievance Redressal Committee shall be served in accordance with the provisions of section 36 of the Act;
(b) The notice shall also state that if the parties concerned do not appear before the Grievance Redressal Committee on the date specified in the said notice or any subsequent date to which the admission or hearing or final hearing may stand adjourned, the Grievance Redressal Committee may deal with such Appeal in appropriate manner as it deems fit with regard to the facts and circumstances of such Appeal;
(c) The Appeals for admission or hearing or final hearing before the Grievance Redressal Committee may be heard on such priorities as may be decided by the Chairperson or as may be directed by the Hon’ble High Court of Judicature at Bombay or Hon’ble Supreme Court of India.
Further, Appeals filed by the Senior Citizens, Physically Challenged Persons, Single Woman or Widows and persons with serious ailments may also be listed and disposed off on priority by the Committee;
(d) The Grievance Redressal Committee shall be entitled to call for any record or require attendance of any person to facilitate and expedite the disposal of the Appeals. The Grievance Redressal Committee shall also be entitled to direct any officer of the State Government or Semi- Government Office or of the Slum Rehabilitation Authority, as the case may be, to undertake inspection of records and produce them before the Grievance Redressal Committee:
Provided that, the said Committee may also engage a Third Party to undertake such inspection of records as may be required for the expeditious disposal of Appeals before the said Committee:
Provided further that, the Grievance Redressal Committee shall record the specific reasons, in writing, requiring the engagement of a Third Party to undertake such inspection of records and the expenses of such inspection of records undertaken by the Third Party shall be borne by the Appellant or Respondent concerned or as may be directed by the said Committee:
Provided also that, the Grievance Redressal Committee may initiate any proceedings suomoto and give such orders and directions as may be deemed necessary, including, inter alia, for service of notices to all affected parties concerned and invite reply on the issues involved in the proceedings in such form as it may direct, so as to ensure compliance to the provisions of the Act or observance of the Development Control Regulations:
Provided also that, the Grievance Redressal Committee may, at its discretion, designate any person whom the said Committee considers appropriate to present the case of a party which cannot present its Appeal or afford to engage its representative;
(3) Local inspection by Grievance Redressal Committee.—(a) The Chairperson or any Member if so directed by the Chairperson, may, suo- moto or on an application by any party in an Appeal before the Grievance Redressal Committee, visit any place for local inspection, if it is necessary for hearing of an Appeal before the said Committee;
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(b) The local inspection will be undertaken on an application of any party in an Appeal and upon that party depositing in advance the requisite expenses with the Slum Rehabilitation Authority an amount to meet the travelling and incidental expenses as may be decided by the said Committee ;
(c) The Chairperson or Member so authorized may make notes of the local inspection and such notes will be provided to all the parties to an Appeal and shall form part of the proceedings of the Appeal before the Grievance Redressal Committee.
(4) Assistance to Grievance Redressal Committee by persons possessing special knowledge.— The Grievance Redressal Committee may, for the purposes of expeditious disposal of grievances in any Appeal, choose one or more persons possessing special knowledge of any matter to assist it in the completion of proceedings and if require, direct the Slum Rehabilitation Authority to pay to such person an honorarium as may be decided by the said Committee.
(5) Non-appearance of parties before Grievance Redressal Committee .—(a) The Grievance Redressal Committee may, while hearing Appeal comes to a conclusion that the Appellant has consistently remained absent at the time of hearings, either in person or through his Lawyer, without sufficient reasons, decide to dismiss such Appeal, for default or proceed ex-parte to decide the Appeal.
(b) The Grievance Redressal Committee shall not grant any adjournment unless satisfied for sufficient cause for grant of adjournment. The Grievance Redressal Committee may also adjourn the admission hearing or final hearing of the Appeal suo-moto, on such terms, as it may think fit and at any stage of the proceeding for reasons to be recorded in writing by the said Committee.
All such orders adjourning the hearing of Appeal shall be signed by the Chairperson and Members present in the sitting of the said Committee.
(6) Arguments of new point of facts before Grievance Redressal Committee.—(a) The Appellant shall also file a brief Statement about Appeal, in writing, at least three days before the Appeal is fixed for final hearing before the Grievance Redressal Committee.
(b) The Appellant shall not be entitled to argue any new point at the time of admission, hearing or final hearing which is not included in his Appeal, unless specifically permitted by the Grievance Redressal Committee :
Provided that, no such permission shall be given to the Appellants unless due notice thereof has been given in advance to the Respondent :
Provided further that, no application or document from the Appellants shall be received by the Registrar without specific directions of the Grievance Redressal Committee after appearance of the Respondent.
(7) Stay orders and its operation.—The Grievance Redressal Committee may,subject to the provisions of sub-section (3) of section 35 of the Act, after an Appeal is entered in the Register of Appeals and on the application of the Appellant for the grant of ad-interim relief, admit the Appeal either ex-parte or after hearing the Respondents, pass an order to stay the operation of any order, notice or direction against which the Appeal is filed for such period as may be stated in the order with or without any conditions including of such security amount as may be required to be forwarded to the Slum Rehabilitation Authority :
Provided that, no Appeal shall be admitted and no order of stay be passed by the Grievance Redressal Committee unless,—
(i) the Grievance Redressal Committee is satisfied that substantial financial losses or non-pecuniary damages may accrue to the Appellant;
(ii) the Grievance Redressal Committee is satisfied that there is prima facie contravention of the provisions of the Act, rules made thereunder and the Development Control Regulation, if any;
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(iii) the Grievance Redressal Committee is of the opinion that it is necessary to do so in the larger public interest.
(8) Procedure for restoration of Appeal by Grievance Redressal Committee.—If any appeal is decided by the said Committee in the absence of either party to it, the party remaining absent may, within 30 days of the date of the decision, apply to the said Committee for getting the ex-parte decision set aside stating grounds thereof. If the said Committee is satisfied that there are sufficient grounds for setting aside the ex-parte decision, the said Committee may set it aside and restore the appeal on such terms as it may deem fit and proceed to decide it on merits on hearing both sides.
(9) Procedure in case of death of party in Appeal before Grievance Redressal Committee .— Where one of severalAppellants or the parties at whose instance an Appeal was filed before the Grievance Redressal Committee dies during pendency of the Appeal, and the right to continue the proceedings does not survive to the surviving appellants or where the sole appellant or the party at whose instance the appeal is filed dies and right to sue the proceeding survives, the Grievances Redressal Committee, on an specific application being made in that behalf by the legal representative of the deceased cause him to be impleaded in the proceeding within ninety days of the date of death, and may proceed with the Appeal. The same procedure shall be followed if a respondent or opponent dies pending the proceeding.
(10) Procedure where no legal representative is impleaded as party before Grievance Redressal Committee.—If the legal representative of a deceased Appellant does not apply as aforesaid, then such Appeal shall abate:
Provided that, the legal representative of the deceased Appellant may apply to get the abatement set aside within sixty days from the date of such abatement by showing sufficient cause therefor, and the said Committee may, if satisfied with the sufficient cause shown by such legal representative, set aside the order of abatement of the Appellant and implead the legal representative in the proceeding on such terms as it may impose and proceed with such Appeal, on merits.