Section 92 in The Displaced Persons (Compensation and Rehabilitation) Rules, 1955
92. Procedure for setting aside a sale.
- Where a person desires that the sale of any property made under rule 90 or 91 should be set aside because of any alleged irregularity or fraud in the conduct of sale (including in the case of a sale by public auction in the notice of the sale) he may take an application to that effect to the Settlement Commissioner or any officer, authorised by him in this behalf to prove the acceptance of the bid or tender, as the case may be.(2)Every application for setting aside a sale under this rule shall be made -(a)Where the sale is made by public auction, within seven days from the date of the acceptance of the bid;(b)Where the sale is made by inviting tenders, within seven days from the date when the tenders were opened.(3)If after consideration of the facts alleged the officer to whom the application is made under this rule is satisfied that any material irregularity or fraud has been committed in the publication or the conduct of the sale, he may make an order that the property be reauctioned or be resold by inviting fresh tenders, as the case may be:Provided that no sale can be set aside under this rule unless upon the facts proved such officer is satisfied that the applicant has sustained substantial injury by reason of the irregularity or fraud, as the case may be(4)Notwithstanding anything contained in this rule, the Settlement Commissioner may, of his own motion, set aside any sale under this chapter if he is satisfied that any material irregularly or fraud which has resulted in a substantial injury to any person has been committed in the conduct of the sale.
