SURESH CHANDRA versus U.P. AVAS EVAM VIKAS PARISHAD & ORS.

Fresh auction of the land is necessary to do complete justice and balance equities as earlier auctions lacked adequate publicity and appropriate reserve price; execution of sale deed in favour of respondent No.5 is void due to Court's direction for re-auction.

Parties: Appellant: Suresh Chandra; Respondent: U.P. Avas Evam Vikas Parishad; Respondent: Respondent No.5 (unnamed in text)
Jurisdiction: India
Judgment Date: 03 December 2018
Procedural Posture: Civil Appeal / Appeal From Dismissal of Writ Petition by High Court
Outcome: Appeal allowed; High Court's order set aside.
Legal Topics: Auction of Government Land, Re Auction Procedure, Equity in Allotment, Publicity and Reserve Price in Sales

Property Law Administrative Law Auction of Government Land Re Auction Procedure Equity in Allotment Publicity and Reserve Price in Sales

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Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 10

Parties

Suresh Chandra

Appellant

U.P. Avas Evam Vikas Parishad

Respondent

Respondent No.5 (unnamed in text)

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by High Court

Legal Issues

1 Propriety of re-auctioning government land after initial auction
2 Adequacy of publicity and reserve price in auction of government property
3 Effect of sale deed executed during pendency of writ

Ratio Decidendi

Court Disposition

Appeal allowed; High Court's order set aside.

Orders

Parishad to re-auction land with wide publicity in national and local newspapers.
Parishad to fix reserve price after consulting experts.