Section 18 – Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 54, 64, 66, 89, 90 -- Constitution of India, Article 300A -- Auction sale -- Setting aside of – Acquisition of land by Improvement Trust – Trust failed to pay compensation assessed by Reference Court – 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 – Objector neither deposited the decreetal amount nor the amount equal to 5% of the purchase amount for payment to the auction purchaser as is required under Order XXI Rule 89 of the said Code – 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