In Brief
The Delhi Development Authority (DDA) had granted a leasehold plot to Sarita Vihar Club subject to a covenant prohibiting mortgage without written consent of the Lieutenant Governor. The club illegally mortgaged the plot to Corporation Bank, which later auctioned it after the club defaulted. The Auction Purchaser bought it in good faith for over 13 crores. The Supreme Court quashed the auction, holding the mortgage invalid (no required consent), the auction notice non-compliant with statutory disclosure requirements (material encumbrances undisclosed), and the e-auction in breach of the bank's earlier court undertaking. However, finding the Auction Purchaser innocent and relying on the principle of unjust enrichment, the Court ordered the bank to refund the entire deposit plus 9% per annum interest, restoring the purchaser to its former position.
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