9911796707
TMI Blog1998 (11) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... he Appropriate Authority on November 15, 1988, made an order for compulsory purchase of the property and that order was challenged by the petitioner in W.P. No. 15039 of 1988 on December 5, 1988. This court stayed further proceedings on December 9, 1988, though by that date the vendor had surrendered possession. The property was not put up for auction in view of the interim order passed by this court on January 2 1989. This court made an order directing the authority to pay the sale consideration under the agreement between the vendor and the vendee, namely, Rs.19,00,000 to the vendor and on such payment, the vendor was to return the advance of Rs.1,00,000 to the vendee. Counsel for the vendor who is one of the respondents here confirms tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... greed to be sold under the agreement dated July 30, 1987, at the rate of Rs.5,90,727 per ground and 3.673 grounds were agreed to be sold under the agreement dated April 27, 1988, at the rate of Rs.6,81,550 per ground. In reply to that show-cause notice, the petitioner filed his objections, pointing out therein, inter alia, that neither himself nor his vendor had any intention to avoid any tax, that there was no evidence to show that they had any such motive that the properties mentioned in the show-cause notice were not in the immediate vicinity of this property that the larger road width in front of this property was, in fact, a disadvantage, as the larger area was required to be left open and that the sales effected of other properties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out Rs.3,78,913 which is very much less than the land rate of Rs.4,84,400 per ground worked out for this property by the authority. The petitioner also pointed out that many of the transactions relied upon by the petitioner were subsequent to the date of the agreement. The property transacted at No. 38, IV Main Road, Gandhi Nagar, Adyar, at the rate of Rs.2,72,420 per ground was a transaction entered into, a few days before the date of the agreement between the petitioner and his transferors. Though the petitioner had thus placed elaborate material which prima facie showed that the rate at which he had agreed to purchase the property from his transferors, was the fair market value, the authority brushed aside all those documents by merely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s composed of members with long years of experience and who have in the past held high positions. It is expected of them that they will bring a judicial approach to the matters before them. To brush aside what is inconvenient without meeting the points raised and stating cogent reasons for not accepting the evidence presented is not a sound judicial approach. The reasons, if at all they can be characterised as such, given by the authority, are clearly arbitrary and wholly untenable. The fact that every transaction had been entered into, the transactions were not doubted by the authority on the date subsequent to the date of the agreement, but transactions ranging from a few days subsequent to the agreement to the date within one year of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aside the evidence on market value offered by the parties in response to that show-cause notice which evidence if properly examined would demonstrate that the value at which the parties had agreed to transact was in accordance with those values which were capable of being regarded as market value. The genuineness of the transaction not having been doubted, the authority cannot merely rely on one or two transactions, cited by it where the values were higher ignoring the fact that even subsequent to those transactions properties in the vicinity had been transferred at much lower rates. The authority appears to have been over anxious to sustain its earlier order directing compulsory purchase. It is most unfortunate that the authority should ..... X X X X Extracts X X X X X X X X Extracts X X X X
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