Supreme Court of India · 2015-11-04
UNITECH LTD. vs UNION OF INDIA
- Citation / case number
- SC 2004/12637
- Court
- Supreme Court of India
- Petitioner
- UNITECH LTD.
- Respondent
- UNION OF INDIA
- Author
- S. A. BOBDE
- Bench
- S.A. BOBDE MADAN B. LOKUR
Judgment text excerpt
The Supreme Court addressed the validity of a compulsory pre-emptive purchase order under Chapter XXC of the Income Tax Act, 1961, specifically citing Section 269UD and Section 269UC. The Court established that a collaboration agreement between a landholder and a developer does not constitute a transfer of property under the Act, as the landholder, being a lessee, lacked the authority to transfer the land. The Court held that the appellants did not transfer the property to the developer, thus invalidating the pre-emptive purchase order.