(Arun Mishra and Mohan M. Shantanagoudar, JJ.)
Maharaji Education Trust ___________________________ Petitioner
v.
Housing and Urban Development Corporation Ltd. & Ors. ______________________________________________ Respondent(s)
M.A. No. 293-295/2017 in C.A. No. 6464/2017, decided on September 20, 2017
(For Admission and IA No. 58322/2017-Modification/Clarification [Only M.A. No. 1018/2017 to be Listed Against This Item])
With
MA 1018/2017 in SLP (C) No. 5425/2017 (XIV) (For Admission and IA No. 95294/2017-Appropriate Orders/Directions)
The Order of the court was delivered by
Order
1. Heard the learned Solicitor General and learned senior counsel appearing for the parties.
2. These applications have been filed by the applicants in which it has been stated that the directions of this Court in the main judgment are being violated by inclusion of some of the part of the property, which was obtained under exchange, shown at Serial No. 4 which could not have been sold and the property mentioned at Serial Nos. 2 and 3 in that order are to be sold first. It is conceded that due to some error the discrepancy in the notification for auction has been made as some more area has been mentioned. It should have been 42.845 acres only. Thus, we direct that a corrigendum be issued within 48 hours by the Recovery Officer from the receipt of this order.
3. Secondly, we make it clear that the order in which property is to be sold has been clearly mentioned by this Court in the main judgment. The reserved price for 42.845 acres is Rs. 317 crores. Obviously, in case the proceeds are not sufficient, the property mentioned at direction No. 3, Item 1 to 5 shall have to be sold. Let the auction be held as scheduled on 6th October, 2017 and the bids of the auction be placed before this court for confirmation and consideration on 9th October, 2017.
4. The learned Solicitor General stated that the demarcation of the area is also required to be done. Let the demarcation be done between area obtained on exchange and area which has been put to auction. The demarcation be done and it will be mentioned in the notification for auction also, within 48 hours from the receipt of the copy of this order.
5. List on 9th October, 2017.
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