VidhiSangh

Supreme Court of India · 19/04/2023

GWALIOR DEVELOPMENT AUTHORITY AND ANOTHER versus BHANU PRATAP SINGH

[2023] 3 S.C.R. 498 · 2023 INSC 393

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Summary

The highest bidder for a 27887.50 sq. metre market complex plot auctioned by the Gwalior Development Authority in 1997 defaulted on the instalment schedule, paid in full only in August 2005, and then executed a registered lease deed without demur in March 2006 for a reduced area of 18262.89 sq. metres, the balance being adjusted as interest. Three and a half years later the High Court issued a mandamus directing the Authority to execute a lease for the remaining 9625.50 sq. metres without further consideration. The Supreme Court set the direction aside: the auction transaction stood concluded by the registered lease deed, which could not be altered in writ jurisdiction under Article 226, and the Authority's indulgence to the defaulting bidder was itself an abuse of discretion. The respondent was given a first opportunity to buy the remaining land at the prevailing circle rate.

Issues

  1. Whether, after a successful auction bidder who defaulted on the instalment schedule executed a registered lease deed without demur for a reduced area, the High Court could by mandamus under Article 226 direct execution of a lease for the remaining auctioned area without consideration.
  2. Whether a public authority's extension of time for years to a defaulting bidder, instead of cancelling the auction and forfeiting earnest money, is a permissible exercise of discretion.

Provisions considered

Held

Result

Appeal allowed; High Court judgment dated 21.04.2011 directing execution of a lease deed for the remaining 9625.50 sq. metres quashed and set aside, with the observation that the respondent be afforded the first opportunity to purchase the remaining area at the prevalent Government circle rate, failing which the Authority may dispose of it under its land disposal rules; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 498.