LILY SHAVAK DOCTOR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners who are wife and husband have challenged the order dt. 24th Feb., 1994 (Annexure "A") passed by the Appropriate Authority, Ahmedabad, under S. 269UD(1) of the IT Act, 1961.

(2.) IT is the contention of the petitioners that they are owners of a plot situated at Baroda and they wanted to develop the said plot in such a manner so that the name of Smt. Dinbai Bamanshah Jal, mother of the first petitioner, is always remembered for all times to come. Under the circumstances, the petitioners agreed to sell the said property to Alkapuri Sindhi Association, a registered charitable trust for a total consideration of Rs. 18,50,000. As the total consideration exceeded a sum of Rs. 10,00,000, the petitioners filed in Form No. 37 I on 4th Nov., 1993. On 13th Dec., 1993, the petitioners and the proposed transferees placed their objections on record. The copy of the said objections is produced at Annexure "C". However, on 14th Jan., 1994 the Appropriate Authority issued a notice calling upon the petitioners to show cause as to why the property should not be compulsorily purchased under the provisions of Chapter XX C of the Act. The petitioners gave a reply on 7th Feb., 1994 wherein it was inter alia, stated that no other development was possible because the said plot was reserved for local centre under the Town Planning Act. It is contended that in spite of the said written objections, without considering them the impugned order was passed.

(3.) AS against this, Mr. Shelat, learned counsel appearing on behalf of the respondents, submitted that the order passed by the authority is in compliance with the principles of natural justice and that this Court has no jurisdiction to reappreciate the evidence considered by the authority. He further submitted that the show cause notice issued by the Appropriate Authority is proper.