VIJAY KUMAR SHARMA Vs. APPROPRIATE AUTHORITY

JUDGEMENT

(1.) IN this petition under Article 227 of the Constitution counter and rejoinder affidavits have been exchanged and as agreed by the parties, the writ petition was finally heard and is disposed of by this order at the admission stage itself.

(2.) THE petitioner is a lessee of residential plot No, 133 in Block "A", Sector 15A, at NOIDA, District Ghaziabad. THE lessor is the New Okhla Industrial Development Authority and the area of the plot is about 465 square meters. THE petitioner entered into an agreement to sell the aforesaid plot to one Devesh Behari Saxena for a consideration of Rs. 20,21,000, vide agreement to sell dated January 22,1993. In accordance with Section 269UC of the Income-tax Act, 1961 ("the Act"), a statement in Form No. 37-I was filed by the petitioner and the prospective buyer. THE appropriate authority, vide order dated March 24, 1993, made an order under Section 269UD of the Act for the purchase by the Central Government of the said plot of land. It is that order which is under challenge in the present petition.

(3.) THE appropriate authority adjourned the hearing for a period of just three days and the next date was fixed as March 19, 1993. THE petitioner, therefore, sent a telegram on March 17, 1993, requesting further adjournment. According to the petitioner, the appropriate authority disregarding the request made by the petitioner proceeded to deal with the matter ex parte which is wholly illegal, perverse and against the provisions of law.