Delhi Development Authority vs Skipper Construction

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2001 Supreme(SC) 621

SUPREME COURT OF INDIA
Shivaraj V.Patil : U.C.Banerjee
Delhi Development Authority
Versus
Skipper Construction
Case No. : 64 , 21000 of 1993
Date of Decision : 3/30/01
Advocates Appeared: Andhyarujina T.R. : Das B.V.Balram : Garg Rajiv K. : Gupta K.K. : Jain Gopal : Jaiswal Kamini : Krishnan Dayan : Narain Rajindar : Nath Ravinder : Parihar H.S. : Sharma Abha R. : Singh Jaswant : Sinha Ravikesh : Srivastava Ashok K. : Vellapally Joseph

Headnote:
Constitution of India, Article 226 - Auction Sale - Premises leased to Embassy of Israel - Ordered to be sold by Public auction - The Registrar General directed to draw out tentative list of auctioneers 'and their terms and conditions so as to enable this Court to deal with the matter further- Embassy of Israel permitted to bid in the auction- Possession of Embassy not to be disturbed till subsisting lease period -Embassy directed to vacate the premises in question within a period of eight weeks from the date of confirmation of, unless of course, the Embassy itself is declared as the highest bidder[Paras 1 and 2]

(1) IT Is placed on record that Premises No. 3, Aurangzeb Road, as ordered earlier, shall be sold by way of a public auction. Parties would be at liberty to bring offers if they so like. Public auction, however, shall have to be under the guidance of a registered auctioneer under the supervision of the Registrar General of this Court or under the supervision of such officer of this Court, as may be nominated by him. The Registrar General is directed to draw out tentative list of auctioneers and their terms and conditions so as to enable this Court to deal with the matter further. It is made clear that since the lease of the Embassy of Israel is going to expire by the 1st of October, 2001, Embassy of Israel would also be at liberty to bid at the auction.

(2) BE it clarified that Mr. Andhyarujina, learned senior counsel, upon instructions. Informs this Court that his clients (Embassy of Israel) are prepared to offer Rs. 22 crores (Rupees TWenty two crores) for the premises in question. It is clarified however that the possession of the Embassy of Israel shall not be In any way disturbed till the continuation of the existing lease period to wit, 1st October, 2001. It is further clarified that the highest bidder shall otherwise be entitled to obtain vacant possession within a period of three months from the date of confirmation of sale by this Court. It Is ordered that the Embassy of Israel shall vacate the premises in question within a period of eight weeks from the date of confirmation of sale by this Court, unless of course, the Embassy Itself Is declared as the highest bidder. The terms and conditions of the auction shall be finalized by the Registrar General in consultation with the Amicus Curiae in the matter and the same would be produced before this Court within a period of three weeks from the date.

(3) THE sale shall however be subject to confirmation by this Court.

(4) LET this matter appeared four weeks hence.

(5) RE : Office Report : Upon consideration of the office report, it is ordered that the same be placed on the next date of hearing.

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