9911796707
TMI Blog1996 (8) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... dustries Pvt. Ltd., holds 12,399.60 sq. metres of land bearing number A-6, site-IV Industrial Area, Sahibabad, under an agreement with the U. P. Small Industries Development Corporation and had constructed certain sheds thereon which were let out to Dabur India Limited. There was an agreement to sell the said property to Dabur India Limited for a consideration of Rs. 1,30,00,000. The requisite information in Form No. 37-I was submitted to the appropriate authority with a request to issue a no objection certificate. The learned appropriate authority has passed the impugned order recording its conclusion as follows : " From the above discussion it becomes clear that the transferor, namely, Ghaziabad General Industries, has not proved that i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stered. It has, therefore, filed the present writ petition for a writ of mandamus to direct the appropriate authority to issue a no objection certificate as contemplated under section 269UL(3) of the Act. In its counter affidavit, the respondents have stated the same thing as are stated in paragraph 8 of the impugned order. We have heard Sri B. Dayal, learned counsel for the petitioners, and Sri Shekhar Srivastava, learned counsel for the respondents. The Supreme Court in Appropriate Authority v. Tanvi Trading and Credits P. Ltd. [1991] 191 ITR 307, has held that in the scheme for pre-emptive purchase contained in Chapter XX-C of the Act, the Union of India has only two options open to it. The first is that it could buy the property, or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken the same view. Learned counsel for the respondents placed reliance on certain observations of the Delhi High Court (page 628 of the report) where it is stated that the appropriate authority is entitled to see material and documents like document of title, agreement, etc., in order to satisfy itself whether the apparent consideration is proper or not in order to come to the conclusion whether to purchase the property or not and that the investigation which will be taken up by the appropriate authority is only with a view to determine whether the pre-emptive right of purchase should be exercised or not. There can be no quarrel with these observations and they will not help the respondents. It is not a case in which the vendor or the v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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