State Largesse – Grant of – Method to be adopted: Held: Rights of the State as the owner and lessor of a Plot can be transferred only by adopting a fair and transparent process by which the State fetches the best possible price – Rights of the State as the lessor can only be sold by a public auction or by any other transparent method by which, apart from the lessee, others too, get a right to submit their offer – Selling the plot at a nominal price will not be a fair and transparent method and shall be arbitrary and violative of Article 14 of the Constitution of India. [Para 9] Lease – Transfer of Property Act, 1882 – Section 109 – Rights of Lessee – Sale of Plot by the Lessor – Consequence of: Held: In case of the sale of a leasehold plot by the lessor, the rights of the lawful lessees do not get affected, as their tenancy will be attorned to the purchaser in view of Section 109 of the Transfer of Property Act,1882. [Para 9]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Prastut Mahesh Dalvi, Hony. Associate Editor (Verified by: Abhinav Mukerji, Sr. Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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