RAJIV D. BHATIA Vs. APPROPRIATE AUTHORITY

JUDGEMENT

(1.) OF the IT Act, 1961 ("the Act" for short) whereby Flat No. 47 on the sixth floor of the building C.C.I. Chambers situated at Dinshaw Vachha Road, Mumbai ("the flat in question" for short) is sought to be compulsorily purchased under the provisions of Chapter XX -C of the Act.

(2.) THE flat in question was initially tenanted by Dilip Bhatia and Laxmikant Bhatia. Later on the said flat was converted into ownership flat for which both contributed for the consideration payable to the society. Thus, according to the petition, both the persons had 50 per cent share in the flat in question.

(3.) HOWEVER , on the death of Laxmikant Bhatia, his wife Damayanti (respondent No. 5), without the consent of the petitioners, purported to sell the flat in question to one Vijay Tulsidas Gandhi for a sum of Rs. 60,00,000 as per the of the Act, it was specifically stated that the petitioners are in possession of the premises in question. On a notice issued by the Appropriate Authority, the petitioners came to know the transaction which Damayanti Bhatia had entered into on Suit No. 442 of 1990, inter alia, seeking a declaration that the petitioners have 50 per cent share in the flat in question XX -C of the said Act. Challenging the said order, the petitioners filed Writ Petn. No. 441 of 1990 in this Court.