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Supreme Court of India 2022-09-02 allowed

M/S. JAGAN SINGH & CO vs LUDHIANA IMPROVEMENT TRUST & ORS

Bench: 3 — Sanjay Kishan Kaul, S. Ravindra Bhat, M.M. Sundresh

In Brief

The Supreme Court upheld an auction sale of Ludhiana Improvement Trust's property conducted three decades ago. The property was auctioned to recover compensation owed to land owners under the Land Acquisition Act, 1984. The High Court had set aside the auction citing irregularities. The Court held that a bona fide auction purchaser enjoys protection even if irregularities exist, unless fraud is proved. Since the Trust failed to raise objections at multiple procedural stages and failed to comply with deposit requirements, it could not later challenge the sale. The Court emphasized that procedural rules cannot be disregarded merely because the judgment debtor is a public body, and that established execution procedures must be strictly followed."

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Execution of Decrees Civil Procedure Auction Sales Land Acquisition Judgment Debtor Bona Fide Purchaser Material Irregularity

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