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    <title>2009 (8) TMI 31 - BOMBAY HIGH COURT</title>
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    <description>The compulsory acquisition order under Chapter XXC was unsustainable because the appropriate authority did not properly value the tenancy encumbrance or give adequate reasons for treating the tenant-related cost as nominal. It also relied on incomparable sale instances of built-up apartments on a main road, without explaining their relevance to an interior plot with a small tenanted structure and open land. The authority further failed to address a closer sale instance relied on by the petitioners that had been assessed by the department at a lower figure. The order was therefore vitiated by non-application of mind and inadequate valuation reasoning.</description>
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    <pubDate>Mon, 10 Aug 2009 00:00:00 +0530</pubDate>
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      <title>2009 (8) TMI 31 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=34369</link>
      <description>The compulsory acquisition order under Chapter XXC was unsustainable because the appropriate authority did not properly value the tenancy encumbrance or give adequate reasons for treating the tenant-related cost as nominal. It also relied on incomparable sale instances of built-up apartments on a main road, without explaining their relevance to an interior plot with a small tenanted structure and open land. The authority further failed to address a closer sale instance relied on by the petitioners that had been assessed by the department at a lower figure. The order was therefore vitiated by non-application of mind and inadequate valuation reasoning.</description>
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