LAW FOR ALL

Doctrine of Public Trust - Sale of property by public or private - Cachar Tea Farming and Industrial Cooperative Society-Ex- Officio liquidator issued a notice inviting tenders for the sale of Chincoorie Tea Estate owned by Cachar Tea Farming and Industrial Cooperative Society Ltd. The concerned tea estate measured 9951 bighas.- tender of the sale of the concerned land was floated without the prior approval of the government - Tender Notification was cancelled - challenged - High court allowed the writ and directed to execute a registered sale deed - Apex court held that in the light of the legal principle laid down by this Court with regard to Public Trust Doctrine in Mahesh Chandra’s case (supra) and the cases mentioned supra, we are inclined to observe that the liquidator did not act fairly and reasonably in the best interest of the public of the State whose interest he is required to uphold. As per the material evidence put on record, the liquidator and the concerned authority did not take any step to improve the condition of the land and sell it at reasonable andstandard price prevalent at the time of sale of the property in question. Hence, we hold that the tender process initiated by the appellants is not legal and is liable to be set aside. We direct the concerned authority to issue fresh notice of tender for selling the land. The notice shall be made available in government websites and other local and national newspapers so as to encourage and invite more bidders. In the meanwhile, the authority shall take all necessary steps to improve and restore the condition of the land so as to make the purchase of the land free from legal encumbrances.= STATE OF ASSAM & ORS. ………APPELLANTS VS. SUSRITA HOLDINGS PVT. LTD. ……RESPONDENT= 2014 ( April.Part ) judis.nic.in/supremecourt/filename=41462