HOUSING DEEPARTMENT

13. Scrutiny of applications and notice to the parties, etc.- (1) Registration of applications.- (a) On receipt of an application, the office of the competent Authority shall endorse on it the date of its receipt and shall as soon as possible , examine it and satisfy itself that the person presenting it has authority to do so and that it conforms with all the provisions of the Act and Rules made thereunder.

      (b)  If the Competent Authority is satisfied that the application is complete in all respect, it shall cause the application to be registered, as admitted, in the appropriate register maintained under these Rules.

(a)    If the application is not complete, the Competent Authority may send notice in the Form VIII, to the applicant/s to rectify the defects or comply with such requirements, as it may deem fit to conform to all the provisions of the Act, and these Rules, within a period of fifteen days of the receipt of the said notice. The competent Authority may, for sufficient cause, may give further extension of not more than fifteen days to comply with the requirements.

If the above defect in an application is rectified, the Competent Authority shall cause it to be admitted and register the application in the appropriate register.

(2) Maintenance of registers and procedure for issuing notice, etc.- the Competent Authority shall maintain the register of applications received by it in Form IX.

      On admitting the application, the Competent Authority shall, within a period of fifteen days thereof, issue a notice in Form X to the opponent/s requiring him/them to file the written statement on the day, date and place as may be specified therein. Such notice shall be served on the opponents by registered post acknowledgment due or under certificate of posting on the last known address.

(3) Appearance of parties and consequence of non-appearance.- (a) On the date fixed as aforesaid, the opponent shall appear either in person or through his Advocate or his authorized Representative before the Competent Authority and shall file a written statement.

      (b)        On the date of hearing, if the applicant appears and the opponent or any of the opponents does not or do not appear, as the case may be. The Competent Authority shall decide the Application ex-parte:

                  Provided that, before deciding the Application, if the opponent appears and shows a sufficient cause for his non-appearance on the earlier occasions. He shall be heard in the matter as if he had appeared before the Competent Authority on the first day.

      (c)        If on the date fixed for hearing or on any other day to which the hearing may be adjourned, the applicant does not appear either in person or by his Authorised Representative, when application is called for hearing, the Competent Authority may dismiss the application.

        (d)        If, on the date fixed for hearing or any other day to which the hearing may be adjourned, the Opponent/s does/do not appear either in person or through his/ their Authorised Representative, when the Application is called for hearing, the Competent Authority may decide the same on merits after hearing the Applicant or his Authorised Representative if present.

(4) Production and inspection of documents :- (a) The parties shall file the documents referred to in the pleadings at the time of filing application and written statement, as the case may be. If either party satisfies the Competent Authority that any document is relevant and the same is in the custody of the opposite party, the Competent Authority may, by an order in writing, direct such party to produce such document on the next date of hearing.

      (b) If the party so ordered, fails to produce such documents on the next date of hearing, the Competent Authority may draw obverse inference against such party and hearing of the original application shall not be postponed till filing of such documents or for the reasons of such non compliance of the order.    

(c) If the Competent Authority is satisfied that the documents required to be produced, cannot be brought before the Competent Authority for sufficient reasons like its volume or otherwise, the Component Authority may allow the opposite party to take inspection of the documents within seven days grom the gate of order of such inspection.

(d) If the competent Authority is satisfied that the opponent had no access to the documents earlier and the filling of additional statement is necessary, it may allow the filling of such additional statement

(5) Procedure for hearing the application. (a) On receipt of the statement of  the  opponent, the applicant shall prove contents of  the application and also deal with the contention of defenses. The opponent likewise may file reply in support of defense on the next date, if he so desires. No cross-examination of any of the parties shall be permitted

(b) On receipt of the replies, the competent Authority shall proceed to hear oral arguments of the parties and after hearing shall close the proceedings for the order.

(c) The competent Authority shall. Within reasonable time and in any case not  later than six month from the date of receipt of the application, after making such enquiry deemed necessary and after verifying the authenticity of the documents submitted by the parties and after hearing them and giving the parties sufficient opportunities as required under the Act and the principles of  natural justice, pass such appropriate order as it deems fit, as provided under the Act.

(6) Signing of order and the notice and the official seal.-(a) Every judgement, order and the certificate of the competent Authority shall be delivered or supplied or provided to all the concerned parties.

(b) The competent Authority shall have an Official Seal of its own, which shall be kept in the custody of the Competent Authority.

(c) Every judgement, order, certificate and the notice issued under the Act or these Rules shall be signed by the competent Authority and shall bear the official seal on it.

(d) All the records of the competent Authority shall be kept in its custody.

(7) After from V appended to the principle Rules, the following forms shall be added, namely:-