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HARKESH MANUJA
Gurdaspur Improvement Trust, Gurdaspur – Appellant
Versus
Hardial Singh (Deceased) Through LRs – Respondent
| Table of Content |
|---|
| 1. compensation for acquired land and auction details. (Para 2 , 3) |
| 2. execution proceedings and auction legality. (Para 4 , 7 , 8) |
| 3. arguments regarding auction validity. (Para 5 , 6) |
| 4. mandatory rules for auction payment. (Para 9 , 10) |
| 5. revision petition outcome and directions. (Para 11 , 12) |
Judgment
Mr. Harkesh Manuja, J.
By way of present revision petition filed under Article 227 of the Constitution of India, prayer has been made for setting aside the orders dated 03.03.2022 and 04.03.2022 passed by the Executing Court, whereby two separate applications filed at the instance of petitioner/judgment debtor praying for setting aside of the orders dated 20.12.2017 and 15.02.2018 vide which auction was held, besides allowing them to pay the entire balance decretal amount stand rejected.
2. In the present case, the land owned by the private respondents, situated in village Shehzada Nangal, Tehsil and District Gurdaspur was acquired way back in the year 2005, wherein Award was passed by the Collector @ Rs. 12 Lakhs per acre which came to be enhanced to Rs. 24 Lakh per acre in reference by the Land Acquisition Tribunal vide order dated 22.02.2012.
3. During execution proce
(1) Attachment and auction of property – No application to set aside a sale on grounds of irregularity or fraud can be entertained on any ground which applicant would have taken on or before date on ....
Strict compliance with CPC provisions is mandatory; court delays can justify extensions for deposit payment.
The court emphasized that objections to auction sale must demonstrate substantial injury and that delay in filing such objections may indicate obstruction of the execution of the decree.
The court ruled that failure to deposit the mandatory 25% bid amount in a court auction renders the sale void, necessitating a resale, and coercive measures against the auction purchaser are not perm....
The court confirmed that auction sales are valid if proper procedure is adhered to, even when the bid amount decreases, provided that no statutory requirements are violated.
Unlike a stranger purchaser in a public auction, a co-sharer himself has a pre-existing right in suit schedule property. parties are given an option to go for auction to see that intrinsic value of s....
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