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Wednesday, March 17, 2010

Cancellation of auction--Forest land--Natural justice--Second appeal

2010(1) LAW HERALD (P&H) 93
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Regular Second Appeal No.2734 of 2008
Ganga Singh & Ors.
v.
State of Haryana through Collector District Jind & Ors.
{Decided on 10/08/2009}
For the Appellant: Mr. R.N. Lohan, Advocate.
For the Respondents: Ms. Rajat Goyal, AAG, Haryana.
(A) Specific Relief Act, 1963, S.39--Mandatory injunction--Auction purchaser--Auction of land abandoned canal/water courses--Land covered under the protected forest area--Could not be sold--Relief of mandatory injunction directing the defendants to execute the conveyance deed, in his favour, on the basis of the auction could not be granted--Auction purchaser was only entitled to the recovery of amount. (P.11)
(B) Civil Procedure Code, 1908, S.100--Cancellation of auction--Forest land--Natural justice--Second appeal--Appellant purchased the land of abandoned canal/water courses in auction--Land in dispute formed part of the protected forest area and could not be sold--Issuance of notice before canceling the auction not necessary. (P.12)
(C) Specific Relief Act, 1963, S.39--Mandatory injunction--Auction of land abandoned canal/water courses--Later on, it had been discovered that the land formed part of the protected forest area, and could not be sold--Even if the sale deed had been executed--No ownership right in the plaintiff could vest.

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