STERLING HORTICULTURE AND RESEARCH LIMITED Vs. APPROPRIATE AUTHORITY

JUDGEMENT

(1.) THE proposed transferee has filed this petition challenging the order made by the Appropriate Authority directing the pre-emptive purchase of the property known as "grayshott" in the registration District of Madras-Chengalpattu and the Sub-Registration District of Mylapore bearing No. 5, Greenways Road, Adayar, Madras, now known as 4, bishop Garden Extension, Raja Annamalaipuram, Madras-28 and measuring 2 acres 11 grounds 792 sq. ft. , the amount of the discounted consideration being Rs. 19, 18, 04, 260.

(2.) FROM 37-I was filed by the petitioner and the owner, respondent No. 2 herein, on 27th July, 1995. That Form 37-I opens with the statement that it is an agreement made on 27th July, 199 5 between the parties whereby the parties had agreed to transfer the property aforementioned. The particulars of the agreement are set out as annexures thereto. The area of the vacant land is mentioned as 6180 sq. mtrs. The area occupied by the superstructure is mentioned as 4406. 92 sq. mtrs. The total land area is 10587 sq. mtrs.

(3.) PETITIONER as also respondent 4 replied to the show cause notice wherein it was inter alia, pointed out that the two properties mentioned in the show cause notice were not comparable, that the agreed consideration was the true consideration and that there was no attempt to evade payment of tax. They also mentioned certain other properties as being more comparable to the property which was the subject-matter of the agreement.