MRS. VINABEN C. PARIKH Vs. APPROPRIATE AUTHORITY

JUDGEMENT

(1.) 1961 ('the Act' for short) is challenged.

(2.) RELEVANT facts are that the petitioners are co -owners of a plot bearing Plot No. 22, C.T.S. No. 18, Hindu Friends Co - operative Housing Society Ltd., Natwar Nagar, 5th Road, Jogeshwari (E), Mumbai ('the plot' for short). By an agreement on the terms and conditions more particularly set out therein. According to the Appropriate Authority the area of the plot in question is 860 sq. mtrs. and the F.S.I. available thereon is 9257 sq. ft. As per the agreement, the respondent No. 5 was to give built -up area of 4508 sq. ft. to the petitioners and for the balance F.S.I. of 4749 sq. ft. the respondent No. 5 was to pay to the petitioners Rs. 34,60,000.

(3.) ON an application filed under s. 37 -I of the Act, (sic -Form No. 37 -I) the Appropriate Authority issued a show -cause three sale instances were cited on the basis of which it was considered that the transaction in question was undervalued and accordingly it was proposed to purchase the plot in question under s. 269UD(1) of the Act.