1. For the petitioners fairly tells us that a no-objection certificate was issued as early as on 15-1-1991. The suggestion that it was under pressure and threat of a contempt proceeding is made out from the record.
2. We agree that two alternatives are open under the scheme of the legislation : (i) the Union of India through the appropriate authority could buy the property, or (ii) in the event of its decision not to buy, it has to issue a "no-objection certificate" leaving it open to the parties to deal with the property. In that view of the matter, the High Court was right in its conclusion. The special leave petition is dismissed. No costs.
Appropriate Authority And Another v. Tanvi Trading And Credits Private Limited
Appropriate Authority And Another v. Tanvi Trading And Credits Private Limited
(Supreme Court Of India)
Special Leave to Petition (Civil) No. 6304 Of 1991 | 23-04-1991
Advocate List
Bench
- HON'BLE JUSTICE R. N. MISRA (CJI)
- HON'BLE JUSTICE M.H. KANIA
- HON'BLE JUSTICE KULDIP SINGH
Eq Citations
- (1998) 8 SCC 414
- (1991) 100 CTR SC 278
- [1991] 191 ITR 307
- LQ/SC/1991/232
Head Note
Land Acquisition Act, 1894 — Ss. 17 and 54 — No-objection certificate — Issue of, when mandatory — Held, two alternatives are open under the scheme of the legislation : (i) the Union of India through the appropriate authority could buy the property, or (ii) in the event of its decision not to buy, it has to issue a "no-objection certificate" leaving it open to the parties to deal with the property — Civil Procedure Code, 1908, S. 142
