Smt. Sushila Devi Singhania Vs. Cwt

.....the provisions of land acquisition act, 1894. it would, however, be open to the court in exercise of that power to invite the attention of the executive to any public purpose and the need for land for meeting that public purpose and to require the executive to take a decision, even a reasoned decision, with regard to the same in accordance with the statutory provisions, perhaps even within a reasonable time frame. however, the power of the court under article 226 must necessarily stop at that. thereafter, if the decision taken by the executive is capable of challenge and, there exist appropriate legal grounds for such challenge, it may also be open to the court to quash the decision and to require reconsideration. but no direction in the nature of mandamus whether interim or final can be issued by the court under article 226 to the executive to necessarily acquire a particular area of a particular piece of land for a particular public purpose. section 4; compulsory acquisition of land powers of state government held, renewal of lease in favour of petitioners would not take away power of state government of compulsory acquisition of land. renewal of lease would at best be taken into consideration for determining quantum of compensation. we have heard the learned counsel for the assessee. sri a.n. mahajan has appeared for the department.2. the following question has been referred to this court under section 27(1) of the wealth tax act for the opinion of this court :'whether, on the facts and in the circumstances of the case, the income tax appellate tribunal was justified in law in upholding the view that the assessee was not entitled to the deduction of rs. 4,78,998 representing the notional amount of capital gains tax ?'3. the above question is covered by the division bench decision of this court in bharat hari singhania v. cwt : [1994]207itr1(sc) . in view of the aforesaid judgment the question is answered in affirmative, i.e., in favour of the department and against the assessee.