Pre-completion Chapter XX-C proceedings require reconsideration in light of Gautam before any pre-emptive purchase order is sustained.

Proceedings under Chapter XX-C were treated as still at a pre-completion stage where the sale transaction had not attained finality when the writ petition was filed. In that situation, the pre-emptive purchase order had to be reconsidered in the light of the Supreme Court ruling in Gautam, and an effective opportunity of hearing was required before any fresh determination. Earlier interim arrangements and payment made under court directions did not alter the legal position. The matter was therefore remitted for fresh decision in accordance with law.

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Issues: Whether the order for pre-emptive purchase under Chapter XX-C could be sustained in the light of the Supreme Court's decision in Gautam and the stage at which the transaction stood when the writ petition was filed.

Analysis: The agreement for sale, the application for permission, the order under section 269UD(1), and the immediate resort to court showed that the transaction had not been completed before the writ petition was instituted. The earlier interim arrangement and the subsequent payment made by the authority pursuant to court directions did not alter the legal position. On these facts, the matter fell within the principle applied in the earlier Division Bench decision relied upon by the Court, and the appropriate authority's order could not be allowed to stand without reconsideration in the light of Gautam.

Conclusion: The writ appeal was allowed, and the order of the learned single judge as well as the order of the appropriate authority were set aside; the matter was remitted to the appropriate authority for fresh decision in accordance with law.

Final Conclusion: The appellant obtained relief by securing a remand of the matter for reconsideration with consequential directions for the parties to appear before the appropriate authority and for completion of the proceedings within the specified time.

Ratio Decidendi: Where proceedings under Chapter XX-C are still at a pre-completion stage and the transaction has not attained finality, the authority's order must be reconsidered in the light of the governing Supreme Court ruling and after affording an effective opportunity of hearing.

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