AI Overview...
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Public Auction - The majority of sources emphasize that public auctions are the preferred method for disposing of government or public property to ensure transparency, fairness, and public interest. For example, SHYAM SUNDER VS STATE - Rajasthan, Mohammad Siraj Jindran S/o Late Kamaluddeen Jindran VS State of Chhattisgarh Through Secretary, Urban Administration & Development Department - Chhattisgarh, and Bhupal Anna Vibhute VS Collector of Kolhapur and others - Bombay highlight that auctioning land or property publicly provides equal opportunity and maximizes revenue, aligning with principles of fairness and public good.
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Reasonableness and Transparency - Courts and authorities stress that public auction processes should be reasonable, non-arbitrary, and transparent to uphold legality and public trust. VYAPARI SANGH VS STATE OF M. P - Madhya Pradesh and Escorts Electricals & others VS State of Maharashtra & others - Bombay underline that decisions must be based on rational criteria, with openness in the process to prevent misuse of power.
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Legal and Policy Framework - Several sources refer to statutory provisions and constitutional principles supporting auctions, such as Articles 14 and 226 of the Indian Constitution, which mandate fair and non-discriminatory procedures in public property disposal (Bhupal Anna Vibhute VS Collector of Kolhapur and others - Bombay, SHYAM SUNDER VS STATE - Rajasthan).
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Exceptions and Discretion - While auctions are generally favored, some sources acknowledge exceptions where other methods may be permissible under law or policy, but these must still serve the public interest (PARAMJIT SINGH SETHI VS DELHI DEVELOPMENT AUTHORITY - Delhi, Mohammad Siraj Jindran S/o Late Kamaluddeen Jindran VS State of Chhattisgarh Through Secretary, Urban Administration & Development Department - Chhattisgarh).
Analysis and Conclusion:
The collected references converge on the principle that public auctions are the most appropriate and legally supported method for disposing of public or government property, ensuring fairness, transparency, and maximization of public benefit. Courts and authorities are expected to adhere to these principles, with any deviation requiring strong justification in the public interest.
Search Results for "Public Auction Largees"
1986 0 Supreme(Bom) 250 • India - Bombay
C.S.DHARMADHIKARI, M.S.JAMDAR
Whether the conditions of the tender, which restricted eligibility to manufacturers, were reasonable and in the public interest? ... The Court held that the conditions of the tender, which restricted eligibility to manufacturers, were reasonable and in the public ... Municipalities Act, 1965, and that the conditions of the tender, which restricted eligibility to manufacturers, were reasonable and in the public ... Genelec Ltd. and, hence, the action of Collector is granting the contract to M/s Genelec Ltd. is unreasonabl....
2015 0 Supreme(Kar) 842 • India - Karnataka
S.ABDUL NAZEER
- It has to call for tender - Petitioner cannot insist for renewal - Corporation need not take action under Public Premises Act ... remains with Corporation - Corporation being an instrumentality of State is not free to select an individual as a recipient for its largess ... It is to be noticed here that the property in question is a public property belonging to an instrumentality of State. It is the custodian of public properties. It is not as free as an individual in selecting the recipients for its #....
1987 0 Supreme(Raj) 230 • India - Rajasthan
J.S.VERMA, MILAP CHANDRA
The appellant sent a reply requesting that the land be disposed of by public auction to give equal opportunity to all claimants. ... , Collector of the district, and other concerned authorities to make fresh allotment of the land in accordance with law, giving public ... Oct. 22, 1978 to the Collector mentioning these facts and also requesting that the land be disposed of by public auction so as to give equal opportunity to all claimants for allotment of the land. ... ... ( 10 ) IT is well known that t....
2012 0 Supreme(SC) 671 • India - Supreme Court
D. K. JAIN, DIPAK MISRA, RANJAN GOGOI, JAGDISH SINGH KHEHAR, S. H. KAPADIA
of a policy of distribution – Means to subserve public good cannot be limited to auction or any other method (Para 117 to 120) ... interest, public purpose and public good – Trading agreement of State – Validity – Criteria – Entire benefit should come to State ... revenue returns – Includes tender, tender-cum- auction, or auction. ... The public property owned by the State or by any instrumentality of the State should be generally sold by public #HL....
2018 0 Supreme(P&H) 2599 • India - Punjab and Haryana
MAHESH GROVER, MAHABIR SINGH SINDHU
(A) Tender Bid – Public Contract – Judicial Review – In matters of public contract the government has to act fairly and not treat ... bid – Petitioner was successful bidder and had deposited the requisite bid amount – Auction bid was subject to final approval by ... (Para 24) ... (B) Tender Bid – E-Auction – Non Communication of approval ... There is no unfettered discretion in public law. A public authority possesses powers only to use them for public good. This impo....
1998 0 Supreme(HP) 198 • India - Himachal Pradesh
D.RAJU, LOKESHWAR SINGH PANTA
auction for better revenue - Auction - Held - Auction fetched much higher revenue - Rule 10 does not contemplates principle of priority ... recalling grant due to non-execution of mining lease deed - Relaxation disallowed by Government - Directions of Government for public ... - Grant of lease to petitioner is nothing but a patent case of misuse of power by public authorities for personal gain of a few ... The public property owned by the State of by any instrumentality of the State wo....
1986 0 Supreme(Del) 173 • India - Delhi
D.K.KAPUR, D.P.WADHWA
National Sand Supply Co. without public auction was invalid. ... WITHOUT PUBLIC AUCTION - VALIDITY - PRINCIPLES OF LAW - HELD, DDA'S ACTION IS INVALID. ... CONTRACT - SAND EXCAVATION - PUBLIC AUCTION - DDA's ACTION IN AWARDING CONTRACT TO M/S. NATIONAL SAND SUPPLY CO. ... It may lease out land at a fixed rate to certain persons, or it may auction out the land to the public, if it auctions out the ....
2017 0 Supreme(Chh) 78 • India - Chhattisgarh
DEEPAK GUPTA, SANJAY K.AGRAWAL
and plots belonging to Municipal Council - Pursuant to such proposal advertisement were issued in a regional daily newspaper - Auction ... Constitution of India,1950 - Article 14 - Councillor of Council - Highest bidders - A suit for cancellation of lease deed - proposal for auction ... One of the methods of securing the public interest, when it is considered necessary to dispose of a property, is to sell the property by public auction or by inviting tenders. Though that is the ordinary rule, it is not ....
2005 0 Supreme(MP) 355 • India - Madhya Pradesh
DIPAK MISRA
Ratio Decidendi: The court's decision was based on the principles of reasonableness and non-arbitrariness in public action ... The court also emphasized the need for transparency and openness in public auctions and the scrutiny of the decision-making process ... , as well as the protection of public interest and adherence to rules. ... While extending such benefit to the promoter, tranparency and openness in public auction are to be the guiding principles. ... norms ....
1996 0 Supreme(Bom) 216 • India - Bombay
K.G.SHAH, A.S.VENKATACHALA MOORTHY
Article 14-Public auction to grant Government land for Motor Mechanical Centre-Fixation of upset price-Direction by Collector Earlier ... -State has to dispose of its property, the normal rule is that it should be disposed of by public auction, That would bring in the ... Article 226-Public Interest litigation-Petitioner tax payer closely connected and directly interested in proper administration -Entitled ... Hence the disposal of the land in question has to be by public auc....
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