(Arun Mishra and Mohan M. Shantanagoudar, JJ.)
Maharaji Education Trust ___________________________ Petitioner(s)
v.
Housing and Urban Development Corporation Ltd. & Ors. _______________________________________________ Respondent(s)
M.A. No. 293-295/2017 in Civil Appeal No. 6463-6465/2017, decided on October 9, 2017
(IA No. 58322/2017-Modification/Clarification [Only M.A. No. 1018/2017 to be Listed Against this Item] and IA No. 101777/2017-Clarification/Direction)
With M.A. No. 346/2017 in Civil Appeal No. 6466/2017 (XIV) (IA No. 60073/2017-Appropriate Orders/Directions) Conmt. Pet.(C) No. 1593/2017 in C.A. No. 6463/2017, C.A. No. 6464/2017, C.A. No. 6465/2017 and C.A. No. 6466/2017 (XIV) (For Admission) Conmt. Pet.(C) No. 1590-1592/2017 in C.A. No. 6463/2017, C.A. No. 6464/2017, C.A. No. 6465/2017 and C.A. No. 6466/2017 (XIV) (For Admission) M.A. No. 1018/2017 in C.A. No. 6466 (XIV)) (IA No. 95294/2017-Appropriate Orders/Directions)
The Order of the court was delivered by
Order
1. As was expected by this Court, auction has not taken place even, on the date fixed, for the purpose of auction of the property, as no bidder came to offer the bid.
2. As ordered by this Court, demarcation had to be done. Demarcation has been done only a day before, that is, on 5.10.2017, however, same ought to have been done, as per the order passed by this Court, much earlier. It was submitted that a Public Notice has been issued by M/s. S.G.S. Construction & Developers Pvt. Ltd., pointing out the litigation which are pending in the matter.
3. It was also submitted on behalf of the M/s. S.G.S. Construction & Developers Pvt. Ltd. that they are ready to purchase the entire property, including the Medical College etc., for approximately Rs. 4,840,000,000/- (Rupees Four Hundred Eighty Four Crores) liquidating the entire amount. Statement is placed on record. However, it was submitted by learned Solicitor General, appearing for HUDCO, that the land is likely to fetch a better value in an auction.
4. Let auction be held first with the respect to the property mentioned at Serial No. 2 viz. 42.845 acres. The auction be held on 13th November, 2017. Notice for auction to be issued by tomorrow, by concerned officer, including in the notice, the orders which have been passed by this Court which have a bearing on the rights of the parties.
5. Learned Solicitor General appearing for HUDCO, as prayed, is granted liberty to upload all orders alongwith the auction notice, including the factum of demarcation and maps etc. of the said property to be auctioned.
6. It was assured that once the orders are uploaded on the website, no further public notice shall be issued by the parties. None of the parties shall indulge in any public notice so as to interdict the auction.
7. It is open to M/s. S.G.S. Construction & Developers Pvt. Ltd. to participate in the public auction.
8. List the matter on 17th November, 2017.
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