KARSANBHAI G PATEL Vs. S K LAUL

JUDGEMENT

(1.) By this Petition, the Petitioners are challenging the order dated 23rd February,1993, passed by the Commissioner of Income Tax under Section 269UD(1) of the Income Tax,1961 (hereinafter referred to as "the Act"). The Petitioners have also prayed for a direction to Respondent No.1 for grant of No Objection Certificate' and to release and restore the property to the full title and possession of the Petitioners. The Petitioners have also prayed that the Respondents, their officers, servants and agents be restrained by an order of an injunction from taking possession of the property being Flat No.10, Ganga Laheri, 19, Bangaga Road, Bombay-400006 (hereinafter referred to as the said property).

(2.) The brief facts of the case are that a Memorandum of Understanding entered into between Respondent No.3 (hereinafter referred to as the Transferor) and Petitioner Nos.1 to 3 (hereinafter referred to as the Transferee) for sale of said property for a consideration of Rs.16,51,000.00 . It is the contention of the Petitioners that by a resolution dated 13th April,1993, the Managing committee of the Ganga Laheri Apartment Cooperative Housing Society Ltd. had passed a resolution that the transferee and transferor each should pay a sum calculated @ Rs.25.00 per square foot of the carpet area by way of Donation.

(3.) It appears that a Form No.37-I dated 28th September,1987 had been filed on 5th October,1987. It is pointed out by the learned Counsel for the Petitioners, Mrs.Jagtiani that the said property was the subject matter of an earlier purchase order under Section 269UD(1) of the Income Tax Act, which was challenged in Writ Petition No.4075 of 1987 in this Court, and the said Petition came to be disposed of on 16th December,1992, whereby this Court had directed the Appropriate Authority to comply with the directions of the Hon'ble Supreme Court, given in the case of C.B.Gautam Vs. Union of India, 1993 199 ITR 530, accordingly the earlier purchase order was set aside.