STATE Vs. R.C. BHATIA AND COMPANY

JUDGEMENT

(1.) THIS is a reference under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 for setting aside the order dated 13.4.1995 passed by the Chief Settlement Commissioner, Haryana.

(2.) BRIEFLY , the facts of this case are that Plot No. B-387-C measuring 35 Sq. yards situated at NIT Faridabad alongwith other plot Nos. B-387-A and B-387-B was put to open auction on 9.3.1995. One Sh. R.C. Bhatia and Company emerged as the highest bidder for Rs. 5,97,000/- as against the reserve price of Rs. 1,40,000/-. This auction was confirmed by the Chief Settlement Commissioner vide his orders dated 13.4.1995. It has been mentioned therein that "against the reserve price of Rs. 1,40,000/-, the highest bid was Rs. 5,97,000/-. No objection was received in this case. Auction was done in the presence of City Magistrate. Auction is confirmed." The present reference has been filed against the above order of the Chief Settlement Commissioner on the ground that the notices to the previous auction purchaser were not given for reauction of this land on 9.3.95. That the bidders have pooled in the auctions. Only 4/5 bidders participated in the auction. Sh. R.B. Behal, Shri Rajinder Singh and Sh. Surjit Singh who had associated themselves in the other auctions were not blood relations. In the instant auction Sh. R.C. Bhatia and Company has been recorded as the highest bidder. There is nothing on record as to whether Sh. Bhatia was authorised agent of the Company or not.

(3.) I have considered the submissions made by both sides in detail and also gone through the relevant record on the file. It is revealed from the impugned order that the land in dispute was sold for Rs. 5.97 lacs as against the reserve price of Rs. 1.40 lacs. Thus the price fetched during the auction is quite substantial and therefore it cannot be said that there was any pool by the bidders. Secondly, there was no objection against the auction from any person. Thirdly, the auction was conducted in the presence of the City Magistrate. Based on the above facts this auction was confirmed by the Chief Settlement Commissioner, Haryana on 13.5.95. The grounds mentioned in the reference are absolutely insufficient to cancel such an auction. As per the legal position settled so far, an auction can be set aside only on the ground of fraud or material irregularity committed in the conduct of the auction or some injury has been caused to some other person because of the auction. In the instant case no fraud or material irregularity has been committed. The auction, therefore, cannot be set aside. The grounds of reference are superfluous. The reference is therefore declined. To be communicated. Order accordingly.