RAJIV VOHRA versus THE STATE OF HARYANA AND ORS.

RAJIV VOHRA versus THE STATE OF HARYANA AND ORS.

Resumption order confirming the recovery of property from the defaulting allottee is valid; Supreme Court does not interfere to protect an unscrupulous buyer who defaulted willfully, and Article 142 jurisdiction cannot be used for such relief.

Parties
Appellant: Rajiv Vohra; Respondents: State of Haryana and Others
Jurisdiction
India
Judgment Date
21 February 2019
Procedural Posture
Civil Appeal / Final Disposal After Appeal From High Court Judgment
Outcome
Appeal dismissed; order of resumption confirmed.
Legal Topics
Auction, Allotment, Resumption of Property, Willful Default, Jurisdiction Under Article 142
Property Law Auction Allotment Resumption of Property Willful Default Jurisdiction Under Article 142

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Parties

Rajiv Vohra

Appellant

State of Haryana and Others

Respondents

Procedural Posture

Civil Appeal / Final Disposal After Appeal From High Court Judgment

Legal Issues

  1. 1 Whether resumption order for defaulting buyer in auction of commercial property is valid
  2. 2 Applicability of Supreme Court jurisdiction under Article 142 to protect defaulting buyer

Ratio Decidendi

Resumption order confirming the recovery of property from the defaulting allottee is valid; Supreme Court does not interfere to protect an unscrupulous buyer who defaulted willfully, and Article 142 jurisdiction cannot be used for such relief.

Court Disposition

Appeal dismissed; order of resumption confirmed.

Orders

  • Third respondent (Estate Officer) may withdraw Rs 20 lakhs deposited by appellant with accrued interest towards charges for unauthorized occupation.
  • Third respondent to compute occupation charges from 6 May 1996 and adjust from amount deposited; surplus to be returned to appellant with 6% interest per annum.