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(1) On an appeal being made under section 395 against a demolition order made under section 393 the Judge may make such order either confirming or quashing or varying the order as he thinks fit, and he may if he thinks fit, accept from an appellant any such undertaking as might have been accepted by the 1 Municipal Commissioner and any undertaking so accepted by the Judge shall have the like effect as if it had been given to and accepted by the 1Municipal Commissioner under section 393: Provided that the Judge shall not accept from an appellant upon whom such a notice as is mentioned in sub-section (1) of section 393 was served, an undertaking to carry out any work unless the appellant complied with the requirements of sub-section (2) of that section. (2) An appeal shall lie to the District Judge from a decision of the Judge on an appeal under this section, within one month of such decision, when the annual value entered in the 1Municipal Commissioners assessment book in accordance with the provisions of this Act, of the premises to which the demolition order appealed against wholly or partially relates, exceeds two thousand rupees. (3) A decision passed by the Judge under this section if an appeal does not lie therefrom under sub-section (2), or if no appeal is filed, and if an appeal is filed, the decision of the District Judge in appeal, shall be final. (4) Any order against which an appeal might be brought under this section shall, if no such appeal is brought, become operative on the expiration of the period of twenty-one days mentioned in section 395, and shall be final and conclusive as to any matters which could have been raised on such an appeal, and any such order against which an appeal is brought shall if and so far as it is confirmed by the Judge, or the District Judge become operative as from the date of the final determination of the appeal. (5) For the purposes of this section, the withdrawal of an appeal shall be deemed to be the final determination thereof, having the like effect as decision confirming the order, appealed against and, subject as aforesaid, an appeal shall be deemed to be finally determined on the date when the decision of the District Judge is given, or in a case where no appeal is brought to the District Judge, upon the expiration of the period within which such an appeal might have been brought, or in a case where no appeal lies to the District Judge on the date when the decision of the Judge is given.
(1) On an appeal being made under section 395 against a demolition order made under section 393 the Judge may make such order either confirming or quashing or varying the order as he thinks fit, and he may if he thinks fit, accept from an appellant any such undertaking as might have been accepted by the 1 Municipal Commissioner and any undertaking so accepted by the Judge shall have the like effect as if it had been given to and accepted by the 1Municipal Commissioner under section 393: <span style="margin-left:15px;"></span>Provided that the Judge shall not accept from an appellant upon whom such a notice as is mentioned in sub-section (1) of section 393 was served, an undertaking to carry out any work unless the appellant complied with the requirements of sub-section (2) of that section. (2) An appeal shall lie to the District Judge from a decision of the Judge on an appeal under this section, within one month of such decision, when the annual value entered in the 1Municipal Commissioners assessment book in accordance with the provisions of this Act, of the premises to which the demolition order appealed against wholly or partially relates, exceeds two thousand rupees. (3) A decision passed by the Judge under this section if an appeal does not lie therefrom under sub-section (2), or if no appeal is filed, and if an appeal is filed, the decision of the District Judge in appeal, shall be final. (4) Any order against which an appeal might be brought under this section shall, if no such appeal is brought, become operative on the expiration of the period of twenty-one days mentioned in section 395, and shall be final and conclusive as to any matters which could have been raised on such an appeal, and any such order against which an appeal is brought shall if and so far as it is confirmed by the Judge, or the District Judge become operative as from the date of the final determination of the appeal. (5) For the purposes of this section, the withdrawal of an appeal shall be deemed to be the final determination thereof, having the like effect as decision confirming the order, appealed against and, subject as aforesaid, an appeal shall be deemed to be finally determined on the date when the decision of the District Judge is given, or in a case where no appeal is brought to the District Judge, upon the expiration of the period within which such an appeal might have been brought, or in a case where no appeal lies to the District Judge on the date when the decision of the Judge is given. <br>