Chapter XVI- Building regulations, Section 347 C- Procedure of the Appellate Tribunal

  1. The Appellate Tribunal, after hearing the appeals of the aggrieved persons against the order/notice of the Commissioner, confirm, modify or annul the order or notice.
  2. The Appellate Tribunal shall send a copy of every order passed by it to the parties to the appeal.
  3. No Appellate Tribunal shall make an interim order by way of injunction or stay, against the Corporation or any of its employees acting in official capacity, unless an opportunity is given to the Corporation or its officer or servant to be heard in the matter.

However, the Tribunal may issue such an order without giving the Corporation employee the opportunity of being heard if it is satisfied that it is necessary to do so in order to prevent loss or damage to the person who made the appeal. This order shall expire within 14 days after it has been given, unless it confirms or modifies that order after giving to the Corporation or its officer or servant an opportunity of being heard.

  1. The Tribunal has the power to order the compensation for any loss or damage caused to the aggrieved person due to the order in question.
  2. An order of the Appellate Tribunal made under this section may be executed or caused to be executed by it on the application of the person in whose favour the order has been made.
  3. In hearing and deciding an appeal or in the execution of an order, an Appellate Tribunal shall follow that procedure as has been prescribed by the rules.

The Appellate Tribunal has the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters-

  1. Summoning and enforcing the attendance of persons and examining them on oath.
  2. Requiring the discovery and inspection of documents
  3. Receiving evidence on affidavits
  4. Requisitioning any public record or its copies from any court or office
  5. Issuing commissions for the examination of witnesses or documents, and
  6. Any other matter which may be prescribed by rules, and every proceeding of an Appellate Tribunal in hearing or deciding an appeal sections 193 and 228, and section 196 of the Indian Penal Code (45 of 1860). every Appellate Tribunal shall be deemed to a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).