Malaysia legislation

Section 16

of Town And Country Planning Ordinance Cap 141 Vol Iv

Section 16

(1)

Any person aggrieved by the grant or the refusal of a permission or by the making of a prohibition under section 15 may within twenty-eight days from the date on which he received notice of the decision appeal to a Appeal Board by notice in writing in which he shall set forth the grounds of his appeal.

(2)

The Appeal Board shall cause the appellant and the Local Authority to appear before it, and it shall be lawful for the Appeal Board to hear and determine the matters in dispute in a summary manner; and for the purpose to examine such parties or any of them and their witnesses.

(3)

The Appeal Board may dismiss or allow the appeal either unconditionally, or subject to such conditions as it thinks proper to impose and allow such costs as he may think fit.

(4)

Where on an appeal under this section from the making of a prohibition, such prohibition is revoked by the Appeal Board, or is confirmed by the Appeal Board with new

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conditions inserted therein or with amendments of the conditions contained therein, the

Appeal Board may, if it thinks proper, as part of its determination of the matter the subject of such appeal, direct the Local Authority to pay to the person by whom such appeal was brought such sum as the Appeal Board shall think proper to specify by way of compensation for loss suffered by such person by reason of such prohibition during the period between the making of such prohibition and the determination of such appeal.

(5)

The determination by the Appeal Board of an appeal under this section shall be final.

Yang di-Pertua Negeri may suspend the operation of certain enactments.

Section 16 — Town And Country Planning Ordinance Cap 141 Vol Iv