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2011 (3) TMI 1234 - HC - Income TaxCompulsory acquisition - cheque was not accepted as the full amount had not been tendered - even assuming that the petitioner had refused to accept the consideration, the Central Government was obliged to deposit the full amount of consideration with the Appropriate Authority - Held that:- Section 269UG(1) has been enacted to protect the owner of the property and/or in other words to avoid a situation where the Government might, after passing an order of acquisition, indefinitely delay the payment on one ground or the other including the ground of want of funds, want of sanction to release the funds and the like. The section, therefore, provides for lapse of acquisition upon failure to make deposit within one month from the end of the month in which order for compulsory acquisition had been made. It could not have been the intention of the statute that proceedings should lapse even if there were no laches on the part of the Revenue, for refusal of owners or others entitled to consideration to accept consideration on the last day, at the close of working hours, rendering deposit with the Appropriate Authority impossible. In my view it is permissible for the Central Government to make a deposit with the Appropriate Authority in advance to avoid lapse of compulsory acquisition, writ applications fail and the same are dismissed.
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