CHIRANJI ESTATES P LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner filed this petition being aggrieved by the order dt. 26th Nov., 1993, passed by the respondent No. 2 whereby the necessary permission for sale of property bearing plot No. 3, Block- A, East of Kailash, New Delhi, under the provisions of S. 269UD of the IT Act was declined to the petitioner and an order of pre-emptive purchase was made by the respondents.

(2.) THE petitioner entered into an agreement of sale dt. 28th Aug., 1993, with the respondent No.

(3.) AFTER dismissal of the appeal by the Supreme Court, the petitioner again sought 'No objection certificate' from the respondents vide its letter dt. 22nd Aug., 2001. Instead of issuing the same, the respondents vide its letter dt. 18th Sept., 2001 asked the transferor i.e., respondent No. 3 and the transferee i.e., the petitioner to deposit the apparent consideration along with interest @ 18% p.a. in the account from the date of receipt of the money till the money was deposited back in the Central Government Account as a condition precedent for issuing of 'No objection certificate'. On receipt of this letter, the petitioner vide its letter dt. 5th Oct., 2001, submitted that during the pendency of the writ petition, the respondent No. 2 paid the total sale consideration of Rs. 70 lakhs to the transferor and the transferee and took possession of the property in question. It is the case of the petitioner that the officers of the respondent No. 2 are residing there and enjoying the said property and demand of interest is made only to delay the issuance of 'No objection certificate'. Since the writ petition has been allowed by this Court and the appeal filed by the respondents before the Supreme Court stand dismissed and as the petitioner herein is ready and willing to pay the sale consideration of Rs. 70 lakhs, by this application the petitioner prays that respondent No. 2 be directed to issue 'No objection certificate' on payment of Rs. 70 lakhs and no interest be charged.