H K MELINKERI Vs. APPROPRIATE AUTHORITY

JUDGEMENT

(1.) RULE . Mr. B.J. Shelat instructed by M/s R.P. Bhatt, appears and waives service of rule on behalf of respondent No. 1 Appropriate Authority. Mr. V.K. Potadar, appears for respondent No. 2 transferor and waives service of rule on his behalf. In the facts and circumstances of the case, the matter is taken up today for final hearing.

(2.) THIS petition is filed by the petitioner for an appropriate writ, direction or order quashing and setting aside order Annexure "A" dt. 28th April, 1995, passed under S. 269UD(1) of the IT Act, 1961 (hereinafter referred to as "the Act") and consequential order of even date, Annexure "K" under S. 269UE of the Act. A prayer is also made to direct respondent No. 1 to issue certificate under S. 269UL of the Act.

(3.) THE petitioner and respondent No. 2 submitted replies on 20th April, 1995, stating therein that valuation was not correctly worked out by the Appropriate Authority; the working of saleable FSI was not correct, SIP was not comparable to PUC, costs of construction of flat worked out at Rs.