GWALIOR DEVELOPMENT AUTHORITY Vs. BHANU PRATAP SINGH

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dtd. 21/4/2011 passed by the Division Bench of the High Court of Madhya Pradesh, Bench at Gwalior with the following directions:

(2.) The facts of the case culled out from the record are that the appellants, according to the land disposal rules, issued an advertisement and invited bids for grant of leases of different plots under the transport city scheme. The respondent was also one of the bidders for MC-2 (Market Complex-2) plot area 27887.50 sq. meters. The offer of the respondent @Rs.725.00 per sq. meter being the highest bid was finally accepted. Consequently, a letter of allotment dtd. 29/9/1997 was issued in favour of the respondent whereby it was informed that the bid of the respondent was found to be the highest and it had been decided to lease out the plot area of 27887.50 sq. meters in his favour for a consideration of Rs.2,06,67,966.00 and the auction bidder/respondent was directed to deposit a sum of Rs.1,91,67,966.00 upto the period of 31/10/1999 in addition to the earnest money of Rs.15.00 lakhs in four instalments in the following manner:

(3.) The letter of allotment contained a rider that the market complex has to be constructed in accordance with the sanctioned plan by the Gwalior Development Authority (hereinafter being referred to as the "Authority ") and construction work has to be completed within the period of two years with a further stipulation that failure to deposit the instalments in terms of the conditions of the bid document, the security amount shall be forfeited.