Section 9:
Appeals.
(1) An appeal shall lie from every order of the estate officer made in respect of any
public premises under 1[section 5 or section 5B] 2
[or section 5C] or section 7 to an appellate officer who
shall be the district judge of the district in which the public premises are situate or such other judicial
officer in that district of not less than ten years standing as the district judge may designate in this behalf.
(2) An appeal under sub-section (1) shall be preferred,--
(a) in the case of an appeal from an order under section 5, 3
[within twelve days] from the date of
publication of the order under sub-section (1) of that section; 4***
(b) in the case of an appeal from an order 5[under section 5B or section 7, within twelve days]
from the date on which the order is communicated to the appellant; 6[and]
2[(c) in the case of an appeal from an order under section 5C, within twelve days from the date of
such order:]
7[Provided that the appellate officer may entertain the appeal in exceptional cases after the expiry
of thesaid period,if he is satisfied for reasons to be recorded in writing that there was compelling
reasons which prevented the person from filing the appeal in time.]
(3) Where an appeal is preferred from an order of the estate officer, the appellate officer may stay
the enforcement of that order for such period and on such conditions as he deems fit:
8[Provided that where the construction or erection of any building or other structure or fixture or
execution of any other work was not completed on the day on which an order was made under section 5B
for the demolition or removal of such building or other structure or fixture, the appellate officer shall not
make any order for the stay of enforcement of such order, unless such security, as may be sufficient in the
opinion of the appellate officer, has been given by the appellant for not proceeding with such
construction, erection or work pending the disposal of the appeal.]
9[(4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as
possible and every endeavour shall be made to dispose of the appeal finally within one month from the
date of filing the appeal, after providing the parties an opportunity of being heard.]
(5) The costs of any appeal under this section shall be in the discretion of the appellate officer.
(6) For the purposes of this section, a presidency-town shall be deemed to be a district and the chief
judge or the principal judge of the city civil court therein shall be deemed to be the district judge of the
district.
Notes:
1. Subs. by Act 61 of 1980, s. 9, for "section 5" (w.e.f. 20-12-1980).
2. Ins. by Act 35 of 1984, s. 5 (w.e.f. 13-11-1984).
3. Subs. by Act 61 of 1980, s. 9, for "within fifteen days" (w.e.f. 20-12-1980).
4. The word "and" omitted by Act 35 of 1984, s. 5 (w.e.f. 13-11-1984).
5. Subs. by Act 61 of 1980, s. 9, for "under section 7, within fifteen days" (w.e.f. 20-12-1980).
6 Ins. by Act 35 of 1984, s. 5 (w.e.f. 13-11-1984).
7. Ins. by Act 2 of 2015, s. 6 (w.e.f. 22-6-2015).
8 The proviso added by Act 61 of 1980, s. 9 (w.e.f. 20-12-1980).
9. Subs. by Act 2 of 2015, s. 6, for sub-section (4) (w.e.f. 22-6-2015).