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Supreme Court of India 2022-03-29 allowed

THE MUNICIPAL COMMITTEE, BARWALA, DISTRICT HISAR, HARYANA THROUGH ITS SECRETARY/PRESIDENT vs JAI NARAYAN AND COMPANY & ANR

Bench: 2 — Hemant Gupta, V. Ramasubramanian

In Brief

The Municipal Committee, Barwala challenged a decree granting mandatory injunction to execute a sale deed for land sold at public auction in 1999 to Jai Narayan and Company. The Supreme Court held that the highest bidder in a public auction does not acquire enforceable rights without formal confirmation by the competent authority. The inter-departmental communication seeking State approval was not confirmation of the sale. Additionally, the suit was barred by limitation (filed over 12 years after the 1999 auction) and the plaintiff's 20-year occupation was illegal and unauthorized. The Court set aside the lower courts' judgments, directed the Municipality to retake possession, and forfeited the sale consideration as damages.

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Municipal Law Public Auction Administrative Law Civil Procedure Limitation Property Law Judicial Review

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