Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Municipalities |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Municipalities: Auction of residential quarters of NagarPalika– Appellants claimed to be one of the participants in theauction proceedings and was also highest bidder – Claim ofappellant that he occupied quarter no.6 and started living thereinsince June 1990 – Appellant complained that in 2001, Nagar Palikainstead of executing sale deed in his favour in relation to quarterno.6 passed a resolution to sell quarter no.6 along with otherquarters in public auction – Application by appellant under s.35 ofMunicipalities Act praying for direction to Nagar Palika to executesale deed in his favour in relation to quarter no.6 – Commissionerdirected Nagar Palika to execute sale deed in favour of appellant– State allowed the appeal filed by Nagar Palika – Aggrievedappellant filed writ petition before High Court – High Courtdismissed writ petition – On appeal, held: There was no allotmentletter issued by Nagar Palika in relation to quarter No.6 in favourof appellant in the so-called auction proceedings held in 1990 –Appellant failed to show that he actually paid any amount to theNagar Palika towards the sale/auction price for quarter no.6 –Moreover, there was no privity of contract between the appellantand the Nagar Palika which could justify appellant’s entry in quarterno.6 as being legal – Therefore, the possession of the appellantsince inception, i.e., since June 1990 in quarter No.6 wasunauthorized and was that of a trespasser – Appellant is directed tovacate quarter no.6 within 3 months and pay Rs.3000/- per monthto the Nagar Palika by way of damages for the use and occupationof quarter No. 6 from June 1990. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 1132 |
Petitioner | Masroor Ahmad Khan |
Respondent | State Of Uttarakhand & Ors. |
SCR | [2018] 14 S.C.R. 980 |
Judgement Date | 2018-12-03 |
Case Number | 11761-11762 |
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