Karnataka Town and Country Planning Act, 1961 Section 40 - Bare Act

(1) Any decision of the Town Planning Officer under clauses (e), (f), (h), (j) and (m) of sub-section (1) of section 38 shall be forthwith communicated to the party concerned and any party aggrieved by such communication of the decision, may appeal to the District Judge within the local limits of whose jurisdiction the area included in the scheme is situated.

(2) The District Judge may transfer an appeal filed before him to the Additional District Judge for disposal.

(3) The District Judge or the Additional District Judge, as the case may be, after making such inquiry as he may think fit, may either direct the Town Planning Officer to reconsider his proposals or accept, modify, vary or reject the proposals of the Town Planning Officer and shall decide all matters arising out of clauses (e), (f), (h), (i), (j) and (m) of sub-section (1) of section 38.

(4) The District Judge or the Additional District Judge hearing an appeal under this section may require the Town Planning Officer to be present during the hearing. On such requisition the Town Planning Officer shall be present at the proceedings before the Judge and shall assist the Judge in an advisory capacity, but shall not be required to give evidence.

(5) The decision of the District Judge or the Additional District Judge, as the case may be, under sub-section (3) shall be final and conclusive and binding on all persons. A copy of the decision in appeal shall be sent to the Town Planning Officer.