VidhiSangh

Supreme Court of India · 29/03/2022

THE MUNICIPAL COMMITTEE, BARWALA, DISTRICT HISAR, HARYANA THROUGH ITS SECRETARY/PRESIDENT versus JAI NARAYAN AND COMPANY & ANR

[2022] 16 S.C.R. 897 · 2022 INSC 361

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Summary

A highest bidder obtained a mandatory-injunction decree requiring a municipality to convey land despite absence of the required sale approval and confirmation. The Court held that an internal request for approval was not a concluded governmental decision and conferred no enforceable purchase right. It also found the suit belated and contrary to the governing property rules. It set aside the decrees, directed immediate recovery of possession and forfeited the deposit as occupation damages.

Issues

  1. Whether auction permission and an internal approval request established a concluded sale enforceable by mandatory injunction.
  2. Whether the suit and the handling of statutory approval and official records were legally sustainable.
  3. What relief followed the bidder’s prolonged possession without a valid sale.

Provisions considered

Held

Result

Appeal allowed; all decrees below were set aside. The municipality was directed to take possession forthwith and furnish a compliance report within three months. The Rs.15,76,150 deposit was forfeited towards damages for unlawful occupation.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 897.