Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Assam Land and Revenue Regulation 1886 auction not in conformity with the procedure by appellants-land holder Land revenue Auction sale of property Non-payment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Assam Land and Revenue Regulation, 1886- ss. 3(b), 70, 72 - Land revenue - Non-payment, by appellants-land holders-Auction sale of property of appellant for realization of Rs. 731. 70/-- State purchased the land/estate for Rs. 1 in the auction proceedings - Board set aside the auction and sale proceedings and directed for restoration of land to the appellant as also pay the appellants compensation amount deposited by IOC for allotted land - However, non-payment of compensation amount to the appellants - Single Judge directed the State to pay compensation amount to the appellants - However, Division Bench upheld the auction sale as also the transfer of land to the State - On appeal, held: High Court erred in interfering with the finding of the Board - Board rightly held that auction conducted was not made in conformity with the procedure prescribed in the Regulation; that no notice of either demand or and sale of land was served on the appellants and High Court ought not to have interfered with this finding of fact; that the High Court exceeded its jurisdiction and reversed the factual finding; and the writ court did not assign any cogent reason as to why the factual finding of the Board was wrong - Thus, the auction held by the State neither legal and nor in conformity with the requirements contained in the Regulation and rightly set aside by the Board- lmpugned judgment set aside and that of the Board restored - State directed to pay the amount of compensation deposited by IOC for the land allotted to them to the appellants along with interest as also restore the possession of the remaining land - Constitution of India, 1950-Arts. 227 and 300A.Notice - Non-service of notice and a notice though served but with some kind of procedural irregularities in serving - Distinction between - Explained. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 860 |
Petitioner | Sri Prabin Ram Phukan & Anr. |
Respondent | State Of Assam & Ors. |
SCR | [2014] 13 S.C.R. 175 |
Judgement Date | 2014-12-11 |
Case Number | 662 |
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