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Evict encroachers then auction land-High Court

No Comments Sub Category:Community,Court Orders,Realty News Posted On: Mar 22, 2011

The Karnataka high court has said that public auction of a property can be resorted to only after it is free from encroachment. The petitioners have claimed that though proceedings were initiated against the accused, it was not taken to its logical end and the authorities are trying to auction the land without removing the encroachers.

“It is a farce if you auction the property with the encroachers still there. Who will buy that? Therefore prior to holding an auction, the unauthorized occupants have to be removed. So evict people, clear the area and then auction it. This applies to all lands __ whether it is encroached gomal or government land,” a division bench headed by chief justice J S Khehar observed while asking the authorities to remove in six months time the alleged unauthorized occupation from 27 acres 25 guntas land in Aklenahalli and Mallenahalli villages in Devanahalli taluk.

Whether it is encroached gomal or government land- prior to holding an auction, the unauthorized occupants have to be removed.

Times of India

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