Section 44State of Maharashtra Act

Section 44: Reference against order of authorized officer under section 42

Maharashtra Highways Act, 1955

Reference against order of authorized officer under section 42.

(1)

Any person aggrieved by the order fixing the betterment charges may, by a written application to the officer authorized under section 41, require that the matter be referred, if the land in relation to which the order is made is situate,-

(i)

in Greater Bombay, to the Principal Judge of the City Civil Court or such other Judge of the said Court as may be nominated by the State Government in consultation with the Principal Judge; and

(ii)

elsewhere, to the Civil Judge (Senior Division) of the district within the limits of whose jurisdiction the land is situate.

(2)

Any such application shall be made within six weeks from the date on which the order of the officer referred to in sub-section (1) was communicated to such person and shall be in such form as may be prescribed.

(3)

The provisions of sections 5, 12 and 14 of the Indian Limitation Act, 1908, shall apply to the computation of the time fixed for reference under subsection (2).

(4)

The Officer authorized under section 41 shall make the reference, in such manner as may be prescribed.

Sec 43 — Increase in value and betterment charges

Sec 45 — Finality of order fixing betterment charges and of decision on reference

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