9911796707
TMI Blog2000 (10) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... land area of 1042.34 sq. metres. In column No. 4 of the form particulars of the property were described as an industrial building with basement, mezzanine floor, two-storied office block with built up area of 15,174 sq. ft. However, in the annexure to the said form at Sl. No. 3 no description of the industrial building was given. It was only indicated to be as per. agreement of sale enclosed. A copy of the agreement to sell was also filed along with Form No. 37-I. Notice under section 269UC(4) of the Act was issued on May 15, 2000, pointing out certain defects, which, inter alia included defects in columns 3, 5(iv)(b) and 8(ii) of the annexure to Form No. 37-I. It was also pointed out that column No. 11 of the annexure was, also not properly filled up. Further, the signatories of both the transferor And the transferee, at pages 1, 3, 4, 5 and 6 of Form No. 37-I had put only initials and not the full signatures. Rectified Form No. 37-I was filed on May 22, 2000. So far as Sl. No. 3 of the annexure is concerned the following detalis were provided : Basement 4,542 sq. ft. Ground floor 1,097 sq. ft. Hall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re-emptive purchase order under section 269UD(1) be not made. In response to the show cause notice, both the petitioner and respondent No. 3, submitted their written submissions. The main ground of objection was that the property in question adjoins on the right side a vacant plot which has been encroached upon by squatters who have built 40/50 jhuggies on the plot. The encroachment occurred about a decade back. The plot now houses about 300 jhuggies dwellers who pose a serious security hazard, besides filth and foul smell that has been created. The service lane at the back has also been occupied by the jhuggies dwellers who have built jhuggies on it. There are two Sulabh Socchalayas opposite the factory adding to the foul atmosphere. It was also submitted that the building had severe problem of termites and practically the entire woodwork had been eaten away by termites, which had spread along the walls to all floors. Drying up of a water well was an additional disadvantage. The factory on the left side used heavy presses resulting in heavy noise pollution. It was further stated that the depreciated value of the building as fixed at Rs. 49,30,000 is exorbitant when the original ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y way reduce the valuation for an industrial factory where such noise is unavoidable. The authority did not also find any substance in the plea relating to enhanced valuation of the building. It was noted that the written down value of the building worked out to Rs. 10,76,000 as on March 31, 2000. The depreciated value of the building had been taken in accordance with the present rate of construction for such building in the year 2000 as on the date of valuation. This reproduction cost of the building as on the date of valuation has been considered from which the depreciation suffered due to the ageing factor for 14 years at 1/5 per cent. per annum = 21 per cent. has been deducted. This would give the price of such building, which it would fetch if sold in the open market. It was, inter alia, noted that the written down value has no relevance so far as the fair market value on the date of valuation is concerned. Referring to the question whether the instance property was over-valued being a smaller plot, the authority noted that the permitted FAR ratio of a small plot is higher than the permitted FAR of a big plot. The two plots were comparable. Since their FAR is the same, no adju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of any immovable property, may, notwithstanding anything contained in any other law or any instrument or any agreement for the time being in force, make an order for the purchase by the Central Government of such immovable property at an amount equal to the amount of apparent consideration : Provided that no such order shall be made in respect of any immovable property after the expiration of a period of two months from the end of the month in which the statement referred to in section 269UC in respect of such property is received by the appropriate authority : Provided further that where the statement referred to in section 269UC in respect of any immovable property is received by the appropriate authority on or after the 1st day of June, 1993, the provisions of the first proviso shall have effect as if for the words 'two months', the words 'three months' had been substituted : Provided also that the period of limitation referred to in the second proviso shall be reckoned, where any defect as referred to in sub-section (4) of section 269UC has been intimated, with reference to the date of receipt of the rectified statement by the appropriate authority : Provided also t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... received by the authority. It has to either purchase the property by exercising its right under section 269UD(1) or to issue no objection certificate if it does not want to purchase the property. There is no third option for leaving the question open. In the words of the apex court, in Appropriate -Authority v. Tanvi Trading and Credits P. Ltd. [1991] 191 ITR 307, under the scheme of the legislation two alternatives are open, i.e., (i) the Union of India through the appropriate authority can buy a property, or (ii) in the event of its decision not to buy, it has to issue a no-objection certificate leaving it open to the parties to deal with the property. It is to be noted that the petitioner laid great stress on the existence of jhuggies to underline its stand regarding disadvantages. But, as noted by the authority, the petitioner itself had spelt out several advantages available due to existence of such jhuggies, e.g., easy availability of manpower at odd hours. It had also conceded possibility of increase in the price of the property when the jhuggi dwellers leave the place on being provided alternative accommodation. Section 269UD has no conditions precedent except to the exte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r conclusion arrived at. This petition has been filed under articles 226 and 227 of the Constitution of India, 1950 (in short "the Constitution"). The principles upon which the superior courts in England interfere by issuing writs of certiorari are fairly well known and they have generally formed the basis of decisions in our Indian courts. It is true that there is lack of uniformity even in the pronouncements of English judges, with regard to the grounds upon which a writ, or, as it is now said, an order of certiorari, could issue, but such differences of opinion are unavoidable in judge-made law which has developed through a long course of years. As is well known, the issue of the prerogative writs, within which certiorari is included, had their origin in England in the King's prerogative power of superintendence over the due observance of law by his officials and Tribunals. The writ of certiorari is so named because in its original form it required that the King should be "certified of' the proceedings to be investigated and the object was to secure by the authority of a superior court, that the jurisdiction of the inferior Tribunal should be properly exercised (vide Ryots of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undamental principles in regard to the issuing of a writ of certiorari, is, that the writ can be availed of only to remove or adjudicate on the validity of judicial acts. The expression "judicial acts" includes the exercise of quasi-judicial functions by administrative bodies or other authorities or persons obliged to exercise such functions and is used in contrast with what are purely ministerial acts. Atkin L. J. thus summed up the law on this point in Rex v. Electricity Commissioners [1924] 1 KB 171 (CA) at page 205 : "Wherever any body or persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the King's Bench Division exercised in these writs." The second essential feature of a writ of certiorari is that the control, which is exercised through it over judicial or quasi-judicial Tribunals or bodies is not in an appellate but supervisory capacity. In granting a writ of certiorari, the superior court does not exercise the powers of an Appellate Tribunal. It does not review or reweigh the evidence upon which the deter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions of law. In other words, it is a patent error, which can be corrected by certiorari but not a mere wrong decision. The essential features of the remedy by way of certiorari have been stated with remarkable brevity and clearness by Morris L. J. in the case of Rex v. Northumberland Compensation Appellate Tribunal [1952] 1 All ER 122 [1952] 1 KB 338 (CA), at 357. The Lord justice says : (page 133 of [1952] 1 All ER) "It is plain that certiorari will not issue as the cloak of an appeal in disguise. It does not lie in order to bring up an order or decision for rehearing of the issue raised in the proceedings. It exists to correct error of law where revealed on the face of an order or decision or irregularity, or absence of, or excess of, jurisdiction where shown." In dealing with the powers of the High Court under article 226 of the Constitution, the apex court has expressed itself in almost similar terms (vide G. Veerappa Pillai v. Raman and Raman Ltd., AIR 1952 SC 192 [1952] 3 SCR 583 at page 594) and said (page 195 of AIR 1952 SC) : "Such writs as are referred to in article 226 are obviously intended to enable the High Court to issue them in grave cases where the subordina ..... X X X X Extracts X X X X X X X X Extracts X X X X
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