AIR 1996 SUPREME COURT 2052 ::1996 AIR SCW 2459 ::1996 (2) Bom CJ 625 ::1996 (3) SCR 532 ::1996 BomCJ 2 625 ::1996 (4) SCC 208 ::1996 (2) UJ (SC) 463 ::1996 UJ(SC) 2 463 ::(1996) 2 CurCC 15 ::(1996) 1 LJR 510 ::(1996) 3 SCR 532 (SC) ::(1996) 3 LandLR 187 ::1997 (1) Bom CR 386 ::(1996) 3 JT 746 (SC)

Supreme Court Of India

Hon'ble Judge(s): N. P. Singh, S. C. Sen , JJ

Nagpur Improvement Trust Act (36 of 1936) , S.89— Nagpur Improvement Trust (Land Disposal) Rules (1983) , R.4(3)— Public auction - Condition that auction will be completed after confirmation letter is issued - Before third round of bid could be held, order staying auction was received - Highest bidder does not get any right to property under auction even though he had deposited earnest money. Decision of Bom HC, Reversed. Where before the third round of bid could be held, an order staying the public auction of the property in question was received, the highest bidder did not get any right to the said property even though he had deposited the amount as earnest money as per conditions of auction. As per the conditions of auction which had been notified and on basis of which the aforesaid public auction was held, after the auction of the plot was over, the highest bidder had to remit 1 / 10 of the amount of the highest bid and the balance of the premium amount was to be remitted to the trust office within thirty days 'from the date of the letter informing confirmation of the auction bid the name of the person concerned.' Admittedly, no such, confirmation letter was issued to the highest bidder, hence even assuming that the public auction had been completed and the respondent was the highest bidder, no right had accrued to him till the confirma....