Law:

Section:

Section 269UD of the Income-tax Act, 1961 - Acquisition of immovable property - Older by appropriate authority - Central Government passed an order under section 269UD for purchase of certain immovable properties - On writ being filed by transferors and transferees, rule was issued and take-over of those properties was stayed - Whether to safeguard Government's interest during disposal of petitions, certain appropriate undertakings should be undertaken from petitioners - Held, on facts, yes Facts The Central Government passed an order under section 269UD for the purchase of certain immovable properties. The transferors and the transferees, the present petitioners, challenged the proceedings under Chapter XXC. Accordingly, the rule was issued and the take-over of those properties was stayed. The appropriate authority asked for interim relief and submitted that in order to avoid complications during the pendency of the petitions, certain undertakings should be undertaken from the petitioners. Held Pending the hearing and final disposal of the petitions, the petitioners were directed to undertake (i) to give full particulars of persons either occupying or claiming interest in those premises ; (ii ) not to part with the possession and the title of the premises in any manner whatsoever, (iii ) that the improvement in the said premises would not enhance the amount of consideration under section 269UF but in case of damage to the property, the amount of consideration would be reduced accordingly ; (iv) that in the event of the rule being discharged, the petitioners would surrender the possession to the appropriate authority, who would tender the amount of consideration to the persons entitled as if the purchase order was issued on the date the rule was discharged. S.E. Dastur, S. Ganesh, K. Shivaram and V.H. Patil for the Petitioner. Atul Setalwad, F.H. Talyarkhan and Miss S.G. Shah for the Respondent. ORDER 1. These petitions challenge the proceedings taken by the authorities under Chapter XXC of the Income-tax Act, 1961 ('the Act'). Under the provisions of this Chapter an order has been made under section 269UD of the Income-tax Act, 1961 for the purchase by the…

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