Appeal against order for acquisition.
38269G.
(1) An appeal may be preferred to the Appellate Tribunal against the order
for the acquisition of any immovable property made by the competent authority
under section 269F,—
(a) by the transferor or the transferee or any
other person referred to in sub-section (8) of that section, within a period of
forty-five days from the date of such order or a period of thirty days from the
date of service of a copy of the order on such person under the said
sub-section, whichever period expires later ;
(b) by any other person interested in such
immovable property, within forty-five days from the date of such order :
Provided that the Appellate
Tribunal may, on an application made in this behalf before the expiry of the
said period of forty-five days or, as the case may be, thirty days, permit, by
order, the appeal to be presented within such further period as may be
specified therein if the applicant satisfies the Appellate Tribunal that he has
sufficient cause for not being able to present the appeal within the said
period of forty-five days or, as the case may be, thirty days.
39(2) Every appeal
under this section shall be in the prescribed form and shall be verified in the
prescribed manner and shall be accompanied by a fee of 40[two hundred] rupees.
(3) The Appellate Tribunal
shall fix a day and place for the hearing of the appeal and shall give notice of
the same to the appellant and to the competent authority.
(4) The Appellate Tribunal
may, after giving the appellant and the competent authority an opportunity of
being heard, pass such orders thereon as it thinks fit.
(5) The Appellate Tribunal
may, at any time within thirty days from the date of the order, with a view to
rectifying any mistake apparent from the record, amend any order passed by it
under sub-section (4) and shall make such amendment if the mistake is brought
to its notice by the appellant or the competent authority :
Provided that if any such
amendment is likely to affect any person prejudicially, it shall not be made
without giving to such person a reasonable opportunity of being heard.
(6) The Appellate Tribunal
shall send a copy of any orders passed under this section to the appellant and
to the Commissioner.
(7) Save as provided in section 269H, orders passed by the Appellate
Tribunal on appeal shall be final.
(8) Every appeal under this
section shall be disposed of as expeditiously as possible and endeavour shall
be made to dispose of every such appeal within ninety days from the date on
which it is presented.
(9) The provisions of section 255 (except sub-section (3) thereof) shall,
so far as may be, apply in relation to the powers, functions and proceedings of
the Appellate Tribunal under this section as they apply in relation to the
powers, functions and proceedings of the Appellate Tribunal under Chapter XX.