(1) Any applicant aggrieved by an order passed under section 37 may appeal to the Board within one month of the communication of that order to him in the manner and accompanied by such fees as may be prescribed by the rules.
(2) The Board after receiving the appeal, may give a reasonable opportunity of being heard to the appellant and the Planning Authority and also call for any report, if necessary.
(3) After hearing the appellant and the Planning Authority or after considering the aforesaid report, the Board may pass an order dismissing the appeal or accepting the appeal by –
(i) granting permission unconditionally; or
(ii) granting permission subject to such conditions as it may think fit;
and
(iii) removing or modifying the conditions, subject to which permission has been granted and imposing other conditions, if any, as it may think fit.
(4) The Board may, by a resolution, delegate any of its functions and powers under this section to the Senior Town Planner on such occasion and subject to such conditions, if any, as may be specified, therein.
Lapse of permission
39. Every permission for any development granted under this Act shall remain in force for three years only from the date of such permission:
Provided that the Planning Authority may, on application made in this behalf before the expiry of the aforesaid period, extend such period, for such time as it may think proper but such extended period shall in no case exceed three years:
Provided further that such lapse shall not bar any subsequent application for fresh permission under this Act.
351 Obligation to acquire on refusal of permission, or on grant of permission in certain cases