STATE OF HARYANA Vs. PREM KUMAR

JUDGEMENT

(1.) , C&S this is a suo moto reference under Rule 18 of the State rules for setting aside the order of the Joint Secretary-cum-Settlement Commissioner dated 9.5.96 regarding confirmation of sale of land situated at Village Jaroda Tehsil Jagadhri District Yamuna Nagar.

(2.) BRIEFLY the facts of the case are that the land in question measuring 56 kanals 2 marlas was put to restricted auction on 6.4.95 and one Shri Prem Kumar S/o Sh. Nathan Ram (the respondent) emerged the highest bidder for Rs. 1,75,000/-. The reserve price fixed by the department for this land was Rs. 48,125/-. This auction was confirmed by the Settlement Officer (Sales) on 1.5.95 as there was no objection and irregularity. The sale deed was also issued on 11.7.1995 in favour of the respondent. However, in view of a News item regarding the irregularities in the auction of the land probably on the ground of acquisition of this land under Section 4 of the Land Acquisition Act, the Tehsildar (Sales) Ambala was directed to send a composite reference with regard to the auction in the instant case as well as some other auctions of village Jaroda. Tehsildar (Sales) Ambala made a reference to the Settlement Commissioner which was considered by the Joint Secretary Rehabilitation-cum-Settlement Commissioner and auction in the present case was approved and the reference was rejected vide order dated 9.5.1996. It is against this order that the present reference has been filed under Rule 18 of the State rules before me. There are three main grounds taken in the reference. First, that there are a number of valuable trees standing on the land in question and the price of these trees was not got assessed before the auction. Second, that the munadi regarding the auction was made on 1.4.95 and the auction was conducted on 6.4.95 whereas at least 15 days minimum period was required as per rules, thus there was no proper proclamation. Third, that the land in question was auctioned at a lower rate. The market price of this land is about Rs. 2,25,000/- whereas it was sold for Rs. 1,75,000/- only.