9911796707
TMI Blog2012 (8) TMI 671X X X X Extracts X X X X X X X X Extracts X X X X ..... that the apparent consideration of the property in question was under stated by 27%, as compared to the property at E-23 East of Kailash, New Delhi, and by 33%, when compared to the property at E-124, East of Kailash, New Delhi. Consequently, the order for pre-emptive purchase of the property in question under section 269UD (1) of the said Act was passed. 3. The property in question is E-41, East of Kailash, New Delhi. It is a residential property and measures 450 Sq. Yrds. or 376.25 Sq. Mtr. There is a built up structure of approximately 2000 Sq.Ft. on that property. 4. The learned counsel for the petitioner pointed out that the only reason for the respondent to arrive at the conclusion that the property in question had been sold at an u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f is taken into account, the difference between the apparent consideration and the said sale instance value would be less than 15% and therefore the pre-emptive purchase could not have been ordered. 7. We have heard the learned counsel for the Revenue also on the aforesaid aspects. However, we feel that the last point urged by the petitioner clinches the issue in their favour. It is an admitted position that the property in question had been agreed to be sold for a consideration of Rs.. 21 Lakh plus the amount of unearned increase to be charged by the DDA for the said transfer. The sale agreement was entered into on 21.05.1987. There is no dispute that after the unearned increase amount is taken into account, as indicated by the DDA, the v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the fair market value of E-23, East of Kailash, New Delhi, had it been wholly vacant. Once, the respondents have accepted the sale consideration in respect of E-23, East of Kailash, New Delhi, as being comparable to the sale in respect of the property in question, all that we have to see is the consideration in the two instances. We have already indicated above that, comparing the two values, the difference is less than 15%. 9. Insofar as the second instance of E-124, East of Kailash, New Delhi, is concerned, that, clearly is not comparable to the property in question. The size of E-124, East of Kailash, New Delhi, is only 104.52 Sq. Mtr. whereas the size of the property in question is 376 Sq. Mtr. Therefore, that cannot be regarded as co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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