ZILA BASIC SHIKSHA ADHIKARI Vs. ATAULLAH KHAN

JUDGEMENT

(1.) Both these writ petitions arise out of common proceedings as well as the judgment, therefore, as requested by learned counsel for the parties, both the writ petitions heard together, and are being decided by this common judgment. Writ petition is directed against the order dated 10.2.2004 passed by Additional District Judge. Court No. 3, Moradabad determining rent of the building in question, in which petitioners are running a primary school : @ Rs. 2.346.40 per month w.e.f. 1.1.1998.

(2.) The landlord moved an application stating that valuation of house and land in question is Rs. 3.47.401 and. therefore, appropriate rent of building should be Rs. 2,800 per month. In support of claim, he filed a report of Junior Engineer/Valuer dated 13.5.1999 wherein he has valued the cost of the land at Rs. 2,65,110 and cost of construction at Rs. 82,291, total Rs. 3.47.401. The Rent Control and Eviction Officer (hereinafter referred to as "R.C.E.O."), by order dated 25.10.2002 Instead of relying on Valuer's report made his own assessment and valued the land @ Rs. 800 per sq. meter and the cost of construction at Rs. 40,000. He determined the rent under Section 21(8) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") at Rs. 1.244.91 per month.

(3.) The landlord and petitioner-tenant, both, filed appeal against the aforesaid order whereupon appellate court dismissed petitioner's appeal but allowed landlord's appeal to the extent that monthly rent of premises in question has been enhanced to Rs. 2,346.40. Learned appellate court found that for the purpose of cost of land. Valuer has relied on circle rate but the same could not have been ignored by R.C.E.O. unless there is a specific reason and ground to take into account a different value of the land. With respect to the cost of construction, however, he accepted the cost determined by Valuer but since he has not taken into consideration depreciation on the aforesaid cost of construction, the appellate court deducted depreciation from the cost of construction and thereafter calculated the cost of construction at Rs. 16.458 and that is how he comes to the conclusion that the total cost of building would be Rs. 2.81.568.20.