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Section 14: Procedure to be followed by Tribunal in disposing claims

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 claim preferred by an owner under section 39 or of a claim referred for adjudication by a Planning Authority under sub-section (3) of section 53 or sub -section (3) of section 54, as the case may be, the Tribunal shall set a date for hearing the claim and send an intimation thereof-

(a) to the State Representative in Form No.15 appended to these Rules along with a copy of the application for claim made by the claimant with all its enclosures whereupon it shall be the duty of the State Representative to obtain the records of the case from the appropriate Planning Authority and transmit them to the Tribunal; and

(b) to the claimant in Form No. 16 appended to these Rules indicating there in the date set for hearing and also that if he does not appear on the day so fixed or on any other date to which the hearing may be adjourned, the claim will be dismissed for default and disposed off on merits, ex parte.

(2) The date of hearing shall not be earlier than thirty days from the date of despatch of such notice.

(3) On the day so fixed, the Tribunal shall proceed to inquire into the claim and take such evidences as may be adduced on behalf of the persons or authorities interested and record a decision as to whether the claim should be allowed or rejected. In cases where a claim is allowed, in whole or in part, the decision shall also state clearlya) the description of the property injuriously affected;

b) the nature of the injurious affections;

c) the amount of the compensation awarded; and d) the person or persons entitled to receive such compensation and the apportioning of the compensation to such compensation and the apportioning of the compensation to such persons.

(4) The Tribunal, before disposing off the claim, may also make such further enquiry as may be deemed necessary, record evidence or obtain such further information as may be required from the Planning Authority concerned, or the Director or from other sources.

(5) The order passed by the Tribunal shall be communicated to the Chairman and the concerned, and to the Directors, 1 [Chennai] Metropolitan Development Authority through the State Representative.

Where this provision sits

ActTamil Nadu Town and Country Planning Tribunal Rule, 1985.
Section14
Marginal noteProcedure to be followed by Tribunal in disposing claims
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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