(1) The State Government may, by general or special order, confer on such officers and authorities as it thinks fit, the powers of Appellate Authorities for the purposes of this Act.
(2) Any person aggrieved by an order passed by the Controller may, within thirty days from the date of such order, prefer an appeal in writing to the Appellate Authority having jurisdiction. In computing the period of thirty days the time taken to obtain a certified copy of the order appealed against shall be excluded.
(3) On such appeal being preferred, the Appellate Authority may order stay of further proceedings in the matter pending decision on the appeal.
(4) The Appellate Authority shall decide the appeal after sending for the records of the case from the Controller and after giving the parties an opportunity of being heard and, if necessary, after making such further inquiry as it thinks fit either personally or through the Controller.
(5) The decisions of the Appellate Authority and subject to such decision, the order of the Controller shall be final and shall not be liable to be called in question in any court of law except as provided in sub-section (6) of this section.
(6) The High Court may, at any time, on the application of any aggrieved party or the State Government, call for and examine the records of any proceeding under this Act for the purpose of satisfying itself as to the legality or propriety of such order or proceeding and may pass such order in relation thereto as it may deem fit.
Legal Commentary & Landmark Judgments: Section 15
Section 15 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 provides the appellate and revisional framework governing challenges against decisions rendered by the Rent Controller.
Under sub-section (3), the Appellate Authority decides the appeal after giving both parties an opportunity of being heard, possessing the jurisdiction to take additional evidence or remand the dispute if necessary.
Sub-section (6) vests the High Court with extraordinary supervisory revisional jurisdiction. The High Court may, on application of an aggrieved party or suo motu, call for and examine the records of any proceeding to satisfy itself as to the legality or propriety of the determination. This revisional power is supervisory and does not equate to a second regular appeal on pure facts.
The distinction between an appeal under Section 15(1) and a revision under Section 15(6) is vital. While the Appellate Authority is a court of fact and law with plenary powers of reappraisal, High Court revisional review cannot be converted into a re-hearing of factual merits. Stay of eviction during revision is discretionary and routinely coupled with directions for payment of interim compensation.