ASHIS MUKHARJI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution, the petitioner, the owner of certain property, seeks to challenge the order dated February 22,1995 of the Appropriate Authority passed under Section 269 UD(1) of the Income Tax Act, 1961 (for short 'the Act') under which the property of the petitioner was ordered to be acquired by the Central Government and subsequently possession was taken over.

(2.) Before we examine the provisions of law and consider the arguments we may briefly note the salient terms of the agreement which led to the passing of the order under Section 269-UD of the Act.

(3.) This agreement is dated 28-1-1994 and is described as Development Agreement. The petitioner is a party of the First Part and M/s Mahendra Developers Pvt. Ltd., Respondent No. 3, of the Second Part. The petitioner is referred to as the land owner and the second party as the developer. The property which is subject-matter of acquisition has been described as including "a pucca residential house of the owner with sheds and structures and land appertaining thereto" measuring more or less four kathas and fifteen dhoors of land with buildings and structures constructed thereon with more particularly as given in the Schedule to the agreement. It has also been stated that the said property under the agreement also includes residential house and land and garden appertaining thereto belonging to the land owner, i.e., the petitioner. It is then stated that "the developer approached the land owner to develop the said property at costs, risks and responsibility of the developer". For the purpose of development the owner is to deliver vacant possession of the property to the developer within a period 01 one month from the date of sanction of plans by the Patna Regional Development Authority and permission by the Income-tax authorities in Form No. 37 I as prescribed under Rule 48L of the Income-tax Rules per requirement of Section 269-UC of the Act.