Supreme Court of India

Saroj Screens Pvt. Ltd. v. Ghanshyam and Others

Neutral citation
Bench G.S. Singhvi and Sudhansu Jyoti Mukhopadhaya JJ.
Decided 26 March 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, the appeals are dismissed. The appellant shall hand over possession of the plot to the Corporation within a period of three months. After taking possession of the plot, the Corporation shall alienate the same by sale, lease, or otherwise by auction or by inviting tenders and after following a procedure consistent with Article 14 of the Constitution. The Corporation shall pay market value of the structure, as obtaining on the date of the order of the High Court to the appellant.

Judgment, Para 22

From the headnote

Municipalities - The City of Nagpur Corporation Act, 1948 - s. 70(5) -Right/interest in public property - Alienation of - Resolution dated 28-8-1991 passed by Municipal Corporation of the City of Nagpur for renewal of lease in favour of appellant and sanction accorded by the State Government u/s. 70(5) - Quashed by the High Court - Validity - Held: Resolution passed by the Corporation for renewal of lease in favour of appellant and consequential action taken for execution of lease deed dated 4-9-1991 were ex facie i/legal - High Court did not commit any error by quashing the same because, (i)…

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