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Supreme Court of India 2023-04-19 allowed

AND ANOTHER vs BHANU PRATAP SINGH

Bench: 2 — Ajay Rastogi, Bela M. Trivedi

In Brief

This case concerns a tender for a 27,887.50 sq. meter plot of land put out by the Gwalior Development Authority in 1997. The respondent won the bid at Rs.725 per sq. meter but deposited instalments irregularly, with the final payment made in 2005 instead of 1999. Despite this breach, the Authority executed a lease deed for only 18,262.89 sq. meters in 2006. The respondent then sought mandamus for the remaining 9,625.50 sq. meters. The High Court granted it. The Supreme Court allowed the appeal, holding that a registered lease deed cannot be amended by mandamus under Article 226, and the transaction had concluded without demur. However, the Court offered the respondent first opportunity to purchase the remainder at current circle rates as a matter of grace.

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