AJAY CONSTRUCTION Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two writ petitions raise common questions and have been heard together. They are being disposed of by this common judgment. Civil Writ Jurisdiction Case No. 4283 of 1994 has been filed by the vendor. The representative facts are taken from Civil Writ Jurisdiction Case No. 6734 of 1994. The petitioner has challenged the notice dt. 12th April, 1994 (Annexure "8"), issued by the Dy. CIT (Appropriate Authority), and the order passed by him dt. 26th July, 1994 (Annexure "11"), whereby the competent authority has ordered the pre -emptive purchase of the property in question. The petitioner has also prayed for a writ of mandamus commanding the Appropriate Authority to issue a "no objection" certificate and directing the Sub -Registrar, Patna, to compulsorily register the sale deed in favour of the petitioner. The petitioner's grievance is that the order for pre -emptive purchase has been passed in utter violation of law and causing much harassment to the petitioner who has been compelled to approach this Court thrice against the arbitrary and illegal actions of the respondents. The purchase order impugned in this writ petition is the third purchase order passed by the Appropriate Authority. Apart from other objections, the petitioner mainly challenges the issuance of the pre -emptive order on the ground that the Appropriate Authority was not authorised to pass such an order which is barred by limitation prescribed by law. It is urged on behalf of the petitioner that if the order of pre -emptive purchase is quashed by this Court, as a consequence, the respondents are bound to issue the "no objection" certificate in favour of the petitioner so that he may get the sale deed registered.

(2.) THE facts of the case are not in dispute. The subject -matter of the proceeding is a three - storeyed building over holding No. 3/4, Circle No. 242 of Mohalla Adalatganj, Budh Marg, Patna. The aforesaid plot was owned by M/s Muzaffarpur Properties Pvt. Ltd., petitioner in Civil Writ Jurisdiction Case No. 4283 of 1994. The property was got valued by a registered valuer approved by the Government on 15th May, 1989, and according to the valuation report of the valuer, the property was worth Rs. 17,52,000. By an agreement for sale executed on 19th May, 1989, the aforesaid owner entered into an agreement in writing for the sale of the aforesaid property for a consideration of Rs. 21,00,000. The petitioner in Civil Writ Jurisdiction Case No. 6734 of 1994 agreed to purchase the property for the said consideration. A sum of Rs. 15,00,000 was paid by way of advance, and it was agreed that the balance sum of Rs. 6,00,000 will be paid at the time of registration. Subsequently, by another agreement dt. 21st May, 1989, possession was handed over to the vendee since a major part of the amount had been paid. It is not in dispute that Chapter XX - C of the IT Act became operative in Patna w.e.f. 1st June, 1989, vide Notification No. S.O. 339E, dt. 8th May, 1989 [printed at [(1989) 79 CTR (St) 63 : (1989) 177 ITR (St) 238]. The deed which had been presented before the registering authority even before Chapter XX -C of the Act came into force in Patna, was not registered by Sub -Registrar, Patna, who took an objection that the petitioner was required to obtain a clearance certificate from the concerned authority under the provisions of Chapter XX -C of the IT Act. The petitioner states that though Chapter XX -C of the Act did not apply to the transaction in question, which was entered into before the aforesaid chapter became applicable to Patna, the petitioner in good faith applied for grant of necessary permission by filling up Form No. 37 -I as required and prescribed under S. 269UC of the Act. It is not disputed that though the form was filled up on 28th Aug., 1989, it was filed on 4th Sept., 1989. It is no one's case that the form was not filled up in the manner prescribed under the Act. On 17th Nov., 1989, the first pre -emptive purchase order was passed by the competent authority. The said order was challenged by the petitioner by filing a writ petition being Civil Writ Jurisdiction Case No. 10016 of 1989. In the aforesaid writ petition this Court granted an order of stay.

(3.) SINCE the writ petition was disposed of by the High Court by its order dt. 27th April, 1993, and all interim orders stood vacated with a direction to the respondents to act in accordance with the judgment of the Supreme Court, it was open to the authorities to pass an order of pre -emptive purchase within a period of two months referred to in S. 269UD(1) reckoning the date of disposal of the writ petition as the date on which the statement under Form No. 37 -I was filed.