• Report on valuation of property as per directions of the Hon'ble Court

Kindly advice potential flaws or inconsistencies in the report submitted by local commission to file objection in the court. No evidence of circle rate, transaction provided in report by commission and tehsildar as appointed both nor the party.

Trial court Commission report important points:
3. Methodology of Valuation:
The valuation was conducted based on:
• Circle rates per the official records of the Revenue
Department.
• Recent sale transaction of comparable properties in the vicinity.
• Current market trends based on local real estate assessments.
• Opinion of Tehsildar, Rohtak on the prevailing market rate.
• Statements of Local Residents of Adarsh Nagar
• Statement of Property Dealers and MC of Area.

4 . Observations and Findings:
• The property is Residential in nature.
•The property is situated in the heart of the city a t Adarsh Nagar, Ro h t a k a n d a t a w a l k i n g distance f r o m t h e D - P a r k , R o h t a k , area which is commercialy developed and where showrooms Oakland brands are located. Apart from this house of Ex. Chief Minister Sh. Bhupender Singh Hooda, also situated in the same street. Moreover, PGIMS, Rohtak, Jat Education Society, MDU,Rohtak and a number of private hospitals are within a radius of approximately 1-2 Km form t h e property.
• Considering all factors, the fair market value of the Property as on 17.04.2025 i s approximately Rs. 90,000/- t o Rs. 95,000/-per Sq. Yards.

6 . Annexure:
• Copy of Order of Appointment as Local Commission
• Notice to Counsels for intimation of visit
• Presence Memo Statement of Local Residents of area concerned
Statement of Property Dealers and MC of Area
Site Photographs .

High court Case details :
Punjab-Haryana High Court
Mohinder Pal Son Of Shri Nihal ... vs Smt. Omwati Wife Of Shri Prem Singh on 15 November, 2013
 IN THE HIGH COURT OF PUNJAB AND HARYANA
 AT CHANDIGARH

VII. Disposition
13. Both the second appeals are, therefore, partly allowed. The appeal filed by Devki Bai in RSA No.2092 of 1985 is allowed setting aside the decree for mandatory injunction for removal of construction. The defendant-appellant is, however, liable for the present market value of the property. RSA No.2920 of 1984 filed by the plaintiff is partly allowed, declining the prayer for mandatory injunction and the relief for the value of the extent of 211 square yards. The value to be determined shall be current market rate. There shall be sales by the plaintiff to the defendants in the manner indicated below.

14. Since the direction in the respective suits is for sale deeds to be executed by the plaintiff and secure to the plaintiff value thereof from the defendants, I adopt the procedure for decree for specific performance, with reversal of roles for the plaintiff and the respective defendants. The trial Court shall carry through this decree for passing of a final decree by appointing an advocate Commissioner to determine valuation of the respective portio
Asked 5 days ago in Civil Law

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6 Answers

In your objections enclose circle rare of properties in sane area 

 

2) it is your stand that market value is 90000 to 95000 squared yards 

 

you have to substainste your statement by submitting proof of recent transactions in said rate 

Ajay Sethi
Advocate, Mumbai
98426 Answers
8006 Consultations

Objection Points to Commission Report (for Court Filing):

  1. No documentary proof of circle rate or recent transactions attached—claims are unsubstantiated.

  2. Tehsildar's opinion lacks transparency—not a party, no official notification or valuation report annexed.

  3. Valuation relies on oral statements of locals and property dealers—subjective and not legally reliable evidence.

  4. No reference to registered sale deeds or official market records—violates fair valuation principles.

  5. Rs. 90,000–95,000/sq yd estimate is unverified—inflated without comparison matrix or detailed justification.

  6. Report lacks independent, expert valuation—bias risk present without neutral certified valuer input.

Shubham Goyal
Advocate, Delhi
1113 Answers
6 Consultations

you can very well file your objections to the points that has caused you concern based on the reliable information that you may rely upon.

You may wait for the report by advocate commissioner and can even enquire that advocate commissioner about the veracity of his report if the same is inconsistent to the facts that you rely upon

T Kalaiselvan
Advocate, Vellore
88628 Answers
2403 Consultations

You can challenge the same as will as submit a report yourself with registered documents at the said area showing the property rates. You can also show the court the ready reckoner rates in your area

Prashant Nayak
Advocate, Mumbai
33491 Answers
221 Consultations

  1. Market value determined is not based on relevant proof since no exampler sale deeds of recent transactions in proof of current market value are filed and relied on.

Ravi Shinde
Advocate, Hyderabad
4873 Answers
42 Consultations

Dear Sir/Madam,

As per the orders passed by Hon'ble High Court, the rate will be market rate. So, you are suggested to raise all possible points/pleas which is against the spirit of the order passed by High Court.  

 

Ganesh Singh
Advocate, New Delhi
6877 Answers
16 Consultations

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