Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition – Compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition – Compensation – Execution proceedings – Auction sale – Setting aside of Auction Sale – Civil Procedure Code, 1908 – O. XXI R. 17, 66, 54, 66, 89, 90(3) and s. 151 – Respondent no. 1 (Respondent Trust) acquired the land and failed to give the compensation as determined by the Land Acquisition Tribunal – In the first round of execution proceedings, the property bearing khasra no. 271 and 272 of Respondent Trust was attached and sold to the appellant by way of auction for 22.65 lakhs – Respondent Trust filed application before the Court of the Senior Sub Judge to set aside the ex-parte attachment and auction of the Trust’s property – The executing Court dismissed the objections and uphold the sale – SLP filed before Supreme Court – The Court set aside the impugned orders and remitted the matter to the Executing Court for deciding the application u/O. XXI R. 90 de novo – In the Second round of Execution Proceedings – Executing Court dismissed the objections, raised against the auction sale, on the ground of material irregularities and substantial injury caused to the Respondent Trust – First Appellate Court also confirmed the decision of Execution Court – High Court set aside the judgments of the executing Court and the First Appellate Court on the ground that there were glaring irregularities in the auction sale – The property auctioned consisted of Khasra nos. 271 and 272, whereas the list of property was only in reference to the land in khasra no. 272 – Appellant in appeal before the Supreme Court – Held : No doubt originally Khasra No. 271 was not mentioned and only Khasra No. 272 was mentioned but that would have been relevant if there was a problem in identification of the property and the ownership of the property – And, there was no problem in such identification – The property is clearly described in site plan – Order XXI of the Code is exhaustive – It is clearly stated in O. XXI Rule 90(3) that no application to set aside a sale on grounds of irregularity or fraud under the Rule can be entertained on any ground which the applicant would have taken on or before the date on which the proclamation of sale was drawn up – The Explanation to the Rule further says that mere absence of or defect in attachment of the property sold should not by itself be a ground for setting aside the sale under this Rule – The Judgment Debtor/Respondent Trust failed to avail any of these opportunities at different stages – The dual test of material irregularity of fraud and substantial injury is not satisfied in the present case – Thus, auction sale is confirmed. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2022 INSC 899 |
Petitioner | M/s. Jagan Singh & Co. |
Respondent | Ludhiana Improvement Trust & Ors. |
SCR | [2022] 14 S.C.R. 747 |
Judgement Date | 2022-09-02 |
Case Number | 371 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |