Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Auction - Auction process - Public auction of two properties - Deposit of earnest money with twenty five per cent of auction bids by respondents -Auction bid marginally above the reserve price fixed by the competent authority - Subsequently decision by the appellants to re-auction the properties - Respondents not conveyed reasons for not accepting their bids which were highest as also higher than the reserve price - Challenge to |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Auction - Auction process - Public auction of twoproperties - Deposit of earnest money with twenty five percent of auction bids by respondents -Auction bid marginallyabove the reserve price fixed by the competent authority -Subsequently decision by the appellants to re-auction theproperties - Respondents not conveyed reasons for notaccepting their bids, which were highest as also higher thanthe reserve price - Challenge to - Held: Every decision ofan administrative or executive nature must be a compositeand self sustaining one - It should contain all the reasonswhich prevailed on the official taking the decision to arrive athis conclusion - High Court rightly concluded that nosustainable justification and rationalization was recorded inwriting at the relevant time for ordering the re-auction of onlythe two subject properties - It cannot be said that theGovernment is bound in every case to accept the highestbid above the reserve price - Presence of cartelization or"pooling" could be a reason for the cancellation of an auctionprocess as also the ground that the property fetched too lowa bid when compared to the prevailing market price - In theinstant case, however, while the latter was ostensibly thereason behind the decision for conducting a fresh auction,there is no evidence on the record to support the saidcontention - Highest bids, marginally above the reserveprice, were accepted in the self-same auction - Assailedaction of the appellant is not substantiated in the noting, which ought at least to have been conveyed to the respondents -On facts of the case, in the endeavour to do justice,respondents directed to pay the price of the land at theprevailing Circle Rates, which was accepted by the counselfor both the parties. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 605 |
Petitioner | State Of Punjab |
Respondent | M/s. Ban Deep Singh & Ors. |
SCR | [2015] 10 S.C.R. 496 |
Judgement Date | 2015-08-25 |
Case Number | 629 |
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