Law:

Section:

Section 269-I of the Income-tax Act, 1961 - Acquisition of immovable property - Vesting of property in Central Government - In acquisition proceedings transferor, transferee and all tenants of property in question were notified and after considering their objections IAC made an order acquiring that property - Only tenants challenged IAC's order in appeal which was dismissed - IAC's order eventually became final by order of High Court; dated 1-4-1985 - IAC thereafter issued notices under section 269-I to transferor, transferee, tenants and other relevant persons for vacating possession of said property - Transferee and tenants filed present writ petitions challenging said notices. - Whether such writ petitions were maintainable - Held, no - Whether as acquisition order became final only on 1-4-1985 when High Court decided matter against petitioners, long delay in payment of compensation could vitiate acquisition proceedings - Held, no - Whether a lease created under Transfer of Property Act is an encumbrance which is capable of extinguishment under section 269-I(4) - Held, yes - Whether enactment of section 269-I is within legislative competence of Union Parliament by virtue of legislative powers derived from article 246(1) and entry No. 82 of List I of Seventh Schedule to Constitution -Held, yes - Whether section 269-I is violative of article 14 either on ground that it chooses tenants in occupation of building acquired under Chapter XX-A as compared with those governed by Rent Control Act for a different and hostile treatment or on ground that it confers unguided, uncanalised and uncontrolled power on IAC -Held, no FACTS The property in question was transferred by the transferor on 20-2-1973 to the transferee for a certain consideration. On an examination of the aforesaid transfer the IAC initiated proceedings for acquisition of the same and issued notices to transferor, the transferee and the tenants who were in occupation of different portions of the said property. Ultimately, the IAC made an order under section 269F(b) for its acquisition, holding that the fair market value of the impugned property exceeded the apparent consideration by 25 per cent. The…

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