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november 2015

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.

UNITECH LTD. vs UNION OF INDIA · Niyam