Section 269I of Income Tax Act "Vesting of property in Central Government"
269-I. (1) As soon as may be after the order for
acquisition of any immovable property made under sub-section
(6) of section 269F becomes final, the competent authority
may, by notice in writing, order any person who may be in
possession of the immovable property to surrender or deliver
possession thereof to the competent authority or any other
person duly authorised in writing by the competent authority
in this behalf, within thirty days of the date of the
service of the notice.
Explanation.-For the purposes of this sub-section, an order
for the acquisition of any immovable property (hereafter in
this Explanation referred to as the order for acquisition)
made under sub-section (6) of section 269F becomes final,-
(a) in a case where the order for acquisition is not made
the subject of an appeal to the Appellate Tribunal under
section 269G, upon the expiry of the period during which
such appeal may be presented under that section;
(b) in a case where the order for acquisition is made the
subject of an appeal to the Appellate Tribunal under section
269G,-
(i) if the order for acquisition is confirmed by the
Appellate Tribunal and the order of the Appellate Tribunal
is not made the subject of an appeal to the High Court under
section 269H, upon the expiry of the period during which
such appeal may be presented under that section to the High
Court ;
(ii) if the order of the Appellate Tribunal is made the
subject of an appeal to the High Court under section 269H,
upon the confirmation of the order for acquisition by the
High Court.
(2) If any person refuses or fails to comply with the notice
under sub-section (1), the competent authority or other
person duly authorised by the competent authority under that
sub-section may take possession of the immovable property
and may, for that purpose, use such force as may be
necessary.
(3) Notwithstanding anything contained in sub-section (2),
the competent authority may, for the purpose of taking
possession of any property referred to in sub-section (1),
requisition the services of any police officer to assist him
and it shall be the duty of such officer to comply with such
requisition.
(4) When the possession of the immovable property is
surrendered or delivered under sub-section (1) to the
competent authority or a person duly authorised by him in
that behalf or, as the case may be, when the possession
thereof is taken under sub-section (2) or sub-section (3) by
such authority or person, the property shall vest absolutely
in the Central Government free from all encumbrances :
Provided that nothing in this sub-section shall operate to
discharge the transferee or any other person (not being the
Central Government) from liability in respect of such
encumbrances and, notwithstanding anything contained in any
other law, such liability may be enforced against the
transferee or such other person by a suit for damages.
(5) Notwithstanding anything contained in sub-section (4) or
any other law or any instrument or any agreement for the
time being in force, where an order for acquisition of any
immovable property, being rights of the nature referred to
in clause (b) of sub-section (1) of section 269AB, in or
with respect to any building or part of a building which has
been constructed or which is to be constructed, has become
final, then, such order shall, by its own force, have the
effect of-
(a) vesting such rights in the Central Government, and
(b) placing the Central Government in the same position in
relation to such rights as the person in whom such rights
would have continued to vest if such order had not become
final,
and the competent authority may issue such directions as he
may deem fit to any person concerned for taking the
necessary steps for compliance with the provisions of
clauses (a) and (b).
(6) In the case of any immovable property, being rights of
the nature referred to in clause (b) of sub-section (1) of
section 269AB, in or with respect to any building or part of
a building, the provisions of sub-sections (1), (2) and (3)
shall have effect as if the references to immovable property
therein were a reference to such building or, as the case
may be, part of such building.
269J. (1) Where any immovable property is acquired under
this Chapter, the Central Government shall pay for such
acquisition compensation which shall be a sum equal to the
aggregate of the amount of the apparent consideration for
its transfer and fifteen per cent of the said amount :
Provided that in a case where, under the agreement between
the parties concerned, the whole or any part of the
consideration for the transfer of such immovable property is
payable on any date or dates falling after the date on which
such property is acquired, the compensation payable by the
Central Government shall be the aggregate of the following
amounts, namely :-
(i) an amount equal to fifteen per cent of the apparent
consideration ;
(ii) the amount, if any, that has become payable in
accordance with such agreement on or before the date on
which such property is acquired under this Chapter ; and
(iii) the amount payable after the date on which such
property is acquired under this Chapter.
(2) Notwithstanding anything contained in sub-section (1),-
(a) where, after the transfer to the transferee of the
property referred to in that sub-section but before the
vesting of the property in the Central Government, the
property has been damaged (otherwise than as a result of
normal wear and tear), the compensation payable under that
sub-section shall be reduced by such amount as the competent
authority and the persons entitled to the compensation may
agree within fifteen days of the vesting of the property in
the Central Government or in default of such agreement as
the court may, on a reference made to it in this behalf by
the competent authority or by any person duly authorised for
the purpose by the competent authority, determine to be the
amount that may have to be expended for restoring the
property to the condition in which it was at the time of
such transfer ;
(b) where, after the transfer of such property to the
transferee but before the date of publication in the
Official Gazette of the notice in respect of such property
under sub-section (1) of section 269D, any improvements have
been made to the property, whether by way of addition or
alteration or in any other manner, the compensation payable
in respect of such property under sub-section (1) shall be
increased by such amount as the competent authority and the
persons entitled to the compensation may agree within
fifteen days of the vesting of the property in the Central
Government or in default of such agreement as the court may,
on a reference made to it in this behalf by the competent
authority or by any person duly authorised for the purpose
by the competent authority, determine to be the amount spent
for making such improvements.
(3) Every reference under clause (a) or clause (b) of
sub-section (2) shall be made within thirty days of the date
on which the immovable property to which it relates becomes
vested in the Central Government or within such further
period as the court may, on an application made in this
behalf before the expiry of the said period and on being
satisfied that there is sufficient cause for doing so, allow
and such reference shall state clearly the compensation
payable under sub-section (1) in respect of the immovable
property and the amount by which, according to the estimate
of the competent authority, such compensation shall be
reduced under clause (a) or, as the case may be, increased
under clause (b), of sub-section (2).
(4) The amount by which the compensation payable under
sub-section (1) in respect of any immovable property
acquired under this Chapter falls short of the amount which
would have been payable as compensation if that property had
been acquired under the Land Acquisition Act, 1894 (1 of
1894), after the issue of a preliminary notice under section
4 of that Act on the date of publication in the Official
Gazette of the notice in respect of the property under
sub-section (1) of section 269D, shall be deemed to have
been realised by the Central Government as a penalty from
the transferee for being a party to a transfer with such
object as is referred to in clause (a) or clause (b) of
sub-section (1) of section 269C, and no penalty shall be
levied for any assessment year on the transferee-
(a) under clause (iii) of sub-section (1) of section 271,
for concealing the particulars or furnishing inaccurate
particulars of so much of his income as is utilised by him
for paying to the transferor, by way of consideration for
the property, any amount in excess of the apparent
consideration for the property, notwithstanding that such
amount is included in the income of the transferee ;
(b) under clause (iii) of sub-section (1) of section 18 of
the Wealth-tax Act, 1957 (27 of 1957), for concealing the
particulars or furnishing inaccurate particulars of so much
of his assets as are utilised by him for paying to the
transferor, by way of consideration for the property, any
amount in excess of the apparent consideration for the
property, notwithstanding that such assets are included in
the net wealth of the transferee.