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Supreme Court of India 2018-12-03 allowed

Suresh Chandra vs U.P. Avas Evam Vikas Parishad & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

Suresh Chandra bid Rs. 18,050 per sq. metre in an auction of state land by U.P. Avas Vikas Parishad, but the authority rejected all bids as below market value and re-auctioned the property. A new bidder won in the second auction and a sale deed was executed. The High Court dismissed the original bidder's writ petition on grounds he was not in the second auction and the sale was already completed. The Supreme Court allowed the appeal, holding that the interim order making proceedings subject to the writ petition outcome protected the original bidder's rights. The Court ordered fresh auction because the Parishad had failed to give adequate publicity (only two bidders participated), improperly set reserve price, and both bidders had willingly offered far higher amounts, showing undervaluation. The land must be re-auctioned with wide media publicity and expert-determined reserve price."

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Administrative Law Public Property Auction Civil Procedure Writ Petition Remedy Judicial Review

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