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Section 10: Procedure for disposal of appeals

Tamil Nadu Town and Country Planning Tribunal Rule, 1985.State Rules of Tamil Nadu · 1971

(1) As soon as may be after the registration of a appeal as per rule 9 above, the Tribunal shall set a date for hearing the appeal and send an intimation thereof-

(a) to the State representative and the respondents in Form No. 6 appended to these rules along with a copy of the memorandum of appeal and of the order appealed against where upon it shall be duty of the State representative to obtain the records of the case from the appropriate Planning Authority of the Director, as the case may be, and transmit them to the Tribunal; and

(b) to the party in Form No.7 appended to these rules. The notice shall state that if he does not appear on the day so fixed or any other date to which the hearing may be adjourned, the appeal will be dismissed for default and disposed off on merits ex parte.

(2) The Tribunal shall, in fixing the date of hearing ensure that the appellants, respondents, and the State representative are given a reasonable time to enable him to prepare and present their case before the Tribunal.

(3) When an order of ex parte or an parte or an order of dismissal is passed by the Tribunal, the party affected may, within thirty days from the date of the order, or if he produces proof to the appellate authority that he knew of the order only on a subsequent date, within thirty days from the date of such knowledge, apply to the Tribunal for an order to set it aside, and if the Tribunal is satisfied that the notice was not duly served or that the appellant was prevented due to any justifiable reasons from appearing when the appeal was called, for hearing or that such default was occasioned due to circumstances beyond the control of the appellant, shall made an order, setting aside the ex parte order or the order of dismissal passed, as the case may be, on such terms as it thinks fir and shall appoint a day for proceeding with the appeal:

Provided that no order shall be set aside unless notice thereof had been served on the respondent and the State representative:

Provided further that, in computing the period of thirty days under this rule, the time required for obtaining a certificate copy of the order shall be excluded.

4) Where an application for setting aside an ex parte order or order of dismissal has been received under this rule for the first time, all execution proceedings in pursuance of the ex parte order or order of dismissal shall be stayed, until the disposal of the applications.

5) In respect of a second or subsequent application to set aside an ex parte order or order of dismissal, the Tribunal shall have the discretion to grant or refuse stay.

6) The Tribunal may, before disposing of an appeal, make such further enquiry as may be deemed necessary, record evidence or obtain such further information as may be required from the concerned Planning Authority or the Director or from other sources.

7) The order passed by the Tribunal on the appeals shall be entered in a register in Form No.8 and communicated to the appellants and the Planning Authorities concerned and to the Director through the State representative.

Where this provision sits

ActTamil Nadu Town and Country Planning Tribunal Rule, 1985.
Section10
Marginal noteProcedure for disposal of appeals
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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