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of <h1>Public Auctions Valid for Municipal Open Spaces: Supreme Court Upholds Municipality's Leasing Authority</h1> <h3>M/s. Tambaram Perunagara Anaithu Vyabarigal Sangam Versus State of Tamil Nadu and Another</h3> M/s. Tambaram Perunagara Anaithu Vyabarigal Sangam Versus State of Tamil Nadu and Another - TMI Issues:1. Jurisdiction of respondent to auction open spaces.2. Discrimination in auction process.3. Legality of inviting tenders for lease by auction.4. Validity of occupation rights of appellant members.5. Doctrine of equality in granting leases.Jurisdiction of respondent to auction open spaces:The case involved a society formed to protect the interests of those occupying open spaces at a market in Chennai. The Government of Tamil Nadu had placed land at the disposal of the Municipality subject to conditions. The appellant challenged auction notices issued by the Municipality, arguing lack of jurisdiction under the Tamil Nadu District Municipalities Act, 1920. Respondent No.2 defended its actions, stating that the occupation of open spaces was unauthorized and that property tax payment did not confer any rights. The Single Judge and the Division Bench of the High Court held that the appellant members could not claim rights to the spaces and upheld the legality of the auction notices.Discrimination in auction process:The appellant alleged discrimination as their occupation was not regularized despite others' regularization. The courts noted that the owners of shops had constructed buildings before the transfer of land to the Municipality, distinguishing them from the appellant members. The courts emphasized that mere tax payment did not grant occupation rights. The Division Bench agreed that unauthorized occupation could not continue by paying fees or taxes, denying the appellant's claim to exclusivity in leasing rights.Legality of inviting tenders for lease by auction:The Supreme Court analyzed the legality of inviting tenders for lease by auction for the open spaces. It highlighted the public nature of the property and the Municipality's obligation to execute schemes for public benefit. The court emphasized the Municipality's need for funds and its right to lease properties through auctions to augment revenue. Citing relevant case law, the court held that the auction process was consistent with the doctrine of equality and rejected the appellant's challenge to the auction notices.Validity of occupation rights of appellant members:The courts examined the validity of the occupation rights claimed by the appellant members. They found that the open spaces were public property and could not be retained by unauthorized occupants. The courts emphasized the Municipality's duty to carry out various functions for public welfare and the need to generate revenue through property leases. The appellant members were deemed unauthorized occupants without exclusive rights to the spaces.Doctrine of equality in granting leases:The Supreme Court referred to a previous judgment emphasizing the need for transparent and non-discriminatory policies in granting land leases. It stressed the importance of publicizing policies and ensuring fair allocation of resources without favoritism. The court held that the Municipality's auction process was in line with the doctrine of equality, rejecting the appellant's challenge to the auction notices. The appeals were dismissed, and the interim order was vacated.
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