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2012 Supreme(Online)(DEL) 14

HIGH COURT OF DELHI
SANJIV KHANNA, R.V. EASWAR, JJ
AVENUE REALITIES AND DEVELOPERS PRIVATE LIMITED – Appellant
Versus
APPROPRIATE AUTHORITY OF INCOME TAX DEPARTMENT – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Arun Khosla, Mr.Shreeanka Kakkar
For the Respondents: Mr. Sanjeev Sabharwal

SANJIV KHANNA, J.:

Avenue Realities and Developers Private Limited on 21st May, 1996 filed the present writ petition impugning the order dated 29th February, 1996 passed by the Appropriate Authority under Section 269 UD (1) of the Income Tax Act, 1961 (Act, for short) questioning and challenging acquisition/compulsory purchase by the Central Government of the immovable property bearing No. S-380, Panchsheel Park, New Delhi (the property, for short).

2. Arguments in the said writ petition were heard and judgment was reserved vide order dated 15th November, 2011. However, the matter was re-listed for further arguments on 3rd January, 2012, when the following order was passed:-

“ Judgment in this case was reserved on 15th November, 2011. On going through the file it is noticed that the Revenue had filed C.M.No.2208/1997 for vacation of stay. In this application, it is stated that the order under Section 269 UD (1) of the Income Tax Act, 1961 was passed on 29th February, 1996 and thereafter Rs.2,37,00,000/- was paid to the sellers, respondent Nos.3 and 4 on 22nd March, 1996. Petitioner, the intending purchaser, had received a payment of Rs.42,00,000/- on 17th March, 1996. The present

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