9911796707
TMI Blog1995 (1) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... n up for final hearing and learned counsel for the parties heard. The petitioner is aggrieved by the order of the first respondent passed on November 29, 1994, on the statement in Form No. 37-I filed by the petitioner on August 31, 1994, for the transfer of the property located at 33, Rudra Road, St. Thomas Mount, Madras. By that order the authority did not decide to acquire the property. Nor did ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acquire the property. It cannot thereafter prevent the petitioner from dealing with the property by declining to grant a no objection certificate. The Supreme Court, in the case of Appropriate Authority v. Tanvi Trading and Credits P. Ltd. [1991] 191 ITR 307, dealt with this issue and held : " We agree that two alternatives are open under the scheme of the legislation : (i) the Union of India th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the property and nothing more. Such a certificate is necessary only for the purpose of registering the document of transfer. Such a certificate neither confers immunity from penal or other action for violation of other laws, nor does it have the effect of validating a transfer made in contravention of any other statute. The view of the authority that the land sought to be transferred is in exces ..... X X X X Extracts X X X X X X X X Extracts X X X X
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