Order by appropriate authority for
purchase by Central Government of immovable property.
269UD. (1) 78[Subject to the provisions
of sub-sections (1A) and (1B), the appropriate authority], after the receipt of
the statement under sub-section (3) of section 269UC
in respect of any immovable property, may, notwithstanding anything contained
in any other law or any instrument or any agreement for the time being in
force, 79[* * *] make an order
for the purchase by the Central Government of such immovable property at an
amount equal to the amount of apparent consideration :
Provided that no such order
shall be made in respect of any immovable property after the expiration of a
period of two months from the end of the month in which the statement referred
to in section 269UC in respect of such property
is received by the appropriate authority :
80[Provided further that where the statement
referred to in section
269UC in respect of any immovable property is received by the
appropriate authority on or after the 1st day of June, 1993, the provisions of
the first proviso shall have effect as if for the words “two months”, the words
“three months” had been substituted :]
81[Provided also that the period of limitation
referred to in the second proviso shall be reckoned, where any defect as
referred to in sub-section (4) of section 269UC
has been intimated, with reference to the date of receipt of the rectified
statement by the appropriate authority :]
Provided 82[also] that in a case where the statement referred to in section 269UC in respect of the immovable property
concerned is given to an appropriate authority, other than the appropriate
authority having jurisdiction in accordance with the provisions of section 269UB to make the order referred to in this
sub-section in relation to the immovable property concerned, the period of
limitation referred to in 83[the first and second
provisos] shall be reckoned with reference to the date of receipt of the
statement by the appropriate authority having jurisdiction to make the order
under this sub-section :
84[Provided also that the period of limitation
referred to in the second proviso shall be reckoned, where any stay has been
granted by any court against the passing of an order for the purchase of the
immovable property under this Chapter, with reference to the date of vacation
of the said stay.]
85[(1A) Before making
an order under sub-section (1), the appropriate authority shall give a
reasonable opportunity of being heard to the transferor, the person in
occupation of the immovable property if the transferor is not in occupation of
the property, the transferee and to every other person whom the appropriate
authority knows to be interested 86 in the property.
(1B) Every order made by
the appropriate authority under sub-section (1) shall specify the grounds on
which it is made.]
(2) The appropriate
authority shall cause a copy of its order under sub-section (1) in respect of
any immovable property to be served on the transferor, the person in occupation
of the immovable property if the transferor is not in occupation thereof, the
transferee, and on every other person whom the appropriate authority knows to
be interested in the property.
