| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Haryana Municipal Common Lands (Regulation) Act 1974 |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Haryana Municipal Common Lands (Regulation) Act, 1974: s. 5 read with s. 10(2)(e) 2 - Haryana Municipalities Management of Municipal Properties and State Properties Rules, 1976 – r. 2(3), 2(4) – Auction sale – Inter-departmental communication and/or the notings on the file – Relevance of – Respondent filed suit for mandatory injunction to execute a sale deed on the ground that he is a bonafide purchaser on basis of the auction and is in possession as owner of the suit land – Case of the Municipal Committee that it is unable to execute the sale deed without proper sanction of the competent authority-State Government – Trial court decreed in favor of the respondent – Said order upheld in the first and second appeal – In appeal before this Court, case of the Municipal Council that the auction conducted in which the respondent was the highest bidder was not approved by the State Government, and that till such time the auction is confirmed, it would not confer any equitable and legal right to the respondent; and it would be only after the confirmation of sale and the letter accepting the bid is issued – Held: Sub-rule (ii) of r. 2(3) contemplates that no sale by auction would be valid until it has been confirmed by the Deputy Commissioner – Communication referred to by the respondent is not the communication by the Deputy Commissioner to the Municipality or to the respondent that the sale stands confirmed – It is an inter-departmental communication with no endorsement of the copy of the said communication to the respondent – Interdepartmental communication and/or the notings on the file are not the decisions of the State – Thus, the letter seeking approval of the State Government by the Deputy Commissioner is not the approval granted by him, which could be enforced by the plaintiff in the court of law – Suit was not maintainable since there was no vested right with the respondent to claim such a decree merely on the basis of participation in the public auction; and even if the respondent had any right on the basis of an auction, he could at best sue for specific performance of the so-called agreement – Respondent was granted decree for mandatory injunction not only beyond the period of limitation but also in contravention of the statute and the rules framed thereunder – Judgment and decree passed by the courts below are set aside – Respondent is in possession, which is found to be illegal and without the authority of law – Municipality would take possession forthwith – Auction amount would stand forfeited towards the damages for the illegal occupation of the land for more than 20 years since the date of auction in contravention of law. |
| Judge | Hon'ble Mr. Justice Hemant Gupta |
| Neutral Citation | 2022 INSC 361 |
| Petitioner | The Municipal Committee, Barwala, District Hisar, Haryana Through Its Secretary/president |
| Respondent | Jai Narayan And Company & Anr |
| SCR | [2022] 16 S.C.R. 897 |
| Judgement Date | 2022-03-29 |
| Case Number | 2222 |
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