Acquisition of land by Improvement Trust – Auction sale -- Setting aside of – In Execution, Trust not appeared despite service of notice – Ex-parte warrant for sale of attached property issued and property sold to auction purchaser – No material irregularity or fraud causing substantial injury to Trust established – Though the right in property is not a fundamental right, it is still a constitutional right under Article 300A of the Constitution of India -- A person can be deprived of the rights of the property only in a manner known to law -- Acquisition proceedings in respect of the land in question sought to deprive the owners of their land which had to be paid for in terms of the provisions of the LA Act -- Executing Court’s order affirmed, with cost of Rs. 1 lac.

(SC) Decided on : 02.09.2022