9911796707
TMI Blog1987 (8) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... the properties into four categories : (1) self-occupied; (2) partly self-occupied and partly tenanted; (3) restrictive leasehold on which construction is raised; and (4) where the property has been constructed in stages. So far as the fourth category is concerned (and these applications are concerned with that), this court said : "The fourth category of premises we must deal with is the category where the premises are constructed in stages. The discussion in the preceding paragraph of this judgment provides an answer to the question as to how the rateable value of this category of premises is to be determined when the premises at the first stage of construction are to be assessed for rateable value, the assessing authorities would f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... part of the same tenancy. Where such is the case, the standard rent would be liable to be increased under section 7 and such increased rent would be the standard rent of the premises as a whole and within the upper limit fixed. by such standard rent, the assessing authorities would have to determine the rent which the owner may reasonably expect to get if the premises as a whole are let out as a single unit to a hypothetical tenant and in such a case, the actual rent received would be a fair measure of the rent which the owner may reasonably expect to receive from such hypothetical tenant unless it is influenced by extra-commercial considerations. Lastly, the addition may be of a distinct and separate unit of occupation and, in such a case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Pathak J., as the learned Chief justice then was (both of them being parties to the three-judge Bench decision), gave the following direction : " The assessments made on the properties involved in these cases are set aside if and only if any appeals were filed against such assessments or objections were raised to the draft or provisional assessments and in such cases, fresh assessments are directed to be made in accordance with the law laid down by this court, save and except in those cases where the question in regard to the valuation of the land in relation to the subsequently constructed additional structures -is involved, which question we have yet to decide in CMP No. 12513/1983 in Writ Petition No. 6945 of 1982 and other connecte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated by us in the earlier part of this judgment." This court had, therefore, clearly indicated that when at a different stage, additional construction was raised on the property already valued, the market value of the land was not to be taken into account as it had already been considered while fixing the valuation of the pre-existing construction. The Corporation did not challenge the correctness of the decision but only wanted clarification. Since the matter has been directly decided and there is absolutely no ambiguity, an application of this type on behalf of the Corporation does not lie. We were told by Mr. Salve, learned counsel for Common Cause, that their application had emanated when the Corporation wanted to act contrary to the j ..... X X X X Extracts X X X X X X X X Extracts X X X X
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