HCLH 18 — Appeal, Review and Revision

Haryana Ceiling on Land Holdings Act, 1972

Statutory text

APPEAL, REVIEW AND REVISION.--(1) Any person aggrieved by any decision or order of the Prescribed Authority, not being the Collector, may, within [Fifteen days] (Vide Act No. 17 Of 1976) from the date of the decision or order, prefer an appeal to the Collector in such form and manner as I may be prescribed:

Provided that the Collector may entertain the appeal after the expiry of the said period of [fifteen days] (Vide Act No. 17 of 1976) if he is satisfied that t the appellant was prevented by sufficient cause from filing the appeal in time.

(2) Any person aggrieved by a decision or order of the Collector (whether acting as Prescribed authority or not) not being a decision or order made in an appeal under sub-section (1), may, within [fifteen days (Vide Act No. 17 of 1976) from the date of decision or order, prefer an appeal to the Commissioner in such from and manner as may be pre· scribed:

Provided that the Commissioner may entertain the appeal after the expiry of the said period of [fifteen days] if he is satisfied that the appellant was presently by sufficient cause from filing the appeal in time.

(3) Omitted vide Act No. 40 of 1976.

(4) Any person aggrieved by an order of the Collector under sub- section (1), may within (Thirty days) from the date of the order, file a revision petition before the Commissioner so as to challenge the legality or properity of such order and the Commissioner may pass such order as he may deem fit The order of the Commissioner shall be final.

(5) Omitted vide Act No. 40 of 1976.

(6) Notwithstanding anything contained in the foregoing sub- sections, the Financial Commissioner may suo moto at any time call for the record of any proceedings or order of any authority subordinate to him for the purpose of satisfying himself as to the legality or propriety of such proceedings or order, and may pass such order in relation thereto as he may deem fit.

(7) No appeal under sub-section (1) or sub-section (2) or revision under sub-section (4) shall be entertained unless the appellant or the petitioner, as the case be, has deposited a sum equal to thirty times the land holdings tax payable in respect of the disputed surplus area or has furnished a bank guarantee of the equal amount as security with the appellate or revisional authority;

(8) Notwithstanding anything contained in Section 21, a person who files an appeal or a revision against the order declaring his land as surplus area and the appeal or revision filed by him fails, shall be liable to pay, for the period he is or has at any time been in possession of the land declared surplus to which he is or was not entitled under the law, a licence fee equal to thirty times the land holdings tax, recoverable in respect of this area, (Vide Ac No. 34 of 1980) (9) Omitted vide Act No. 34 of 1980

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