Law:

Section:

Section 269UD, read with section 269UL of the Income-tax Act, 1961 - Purchase of immovable properties by Central Government - Order by appropriate authority - Whether appropriate authority in exercise of his powers under section 269UD does not have jurisdiction to adjudicate on legality of transaction which is proposed to be entered into by applicant - Held, yes - Whether pre-emptive right under section 269UD automatically lapses immediately on expiry of period prescribed under first proviso to section 269UD(1) i.e. after 60 days - Held, yes - Whether Court has not been given any discretion to extend period within which appropriate authority may exercise its power of pre-emption - Held, yes - Whether immediately upon expiry of prescribed period under first proviso to section 269UD(1), appropriate authority is under a mandatory obligation to issue a certificate of "no objection" - Held, yes FACTS The petitioners entered into an agreement with 'K' on 17-4-1989 for the purchase of the property in question. The petitioners and the transferee filed a statement under section 269UC before the respondent being the appropriate authority for considering whether the Central Government would purchase the immovable property being the subject-matter of the sale under section 269UD(1). By an order dated 12-6-1989, the appropriate authority, held that the statement was premature inasmuch as the agreement dated 17-4-1989, could not be implemented by reason of the restrictions contained in the Urban Land (Ceiling and Regulation) Act, 1976 (1976 Act). The petitioners then made an application under the 1976 Act to the competent authority for a no-objection certificate on 16-5-1990. In that application, it was stated that the proposed transfer under the agreement dated 17-4-1989, was not affected by the provisions of the 1976 Act. As no reply was received from the competent authority under section 26(2) of the 1976 Act within the statutory period of 60 days, the petitioner wrote to respondent on 21-8-1990, to grant the necessary 'no objection certificate' in respect of the proposed transfer. A fresh statement in Form No. 37-I was enclosed with the letter. By an order dated…

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