JAIPUR DEVELOPMENT AUTHORITY JAIPUR Vs. CHILDRENS ACADEMY JAIPUR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the judgment dated 10/11/1993 of the division bench of the High court passed in DB Special Appeal No. 607 of 1991.

(3.) The facts are not in dispute. The first respondent is an educational institution which made a request to the appellant for allotment of 15,000. 00 sq. yards of land in Malviya Nagar Scheme. By proceedings dated 12/8/1988, the appellant had informed the respondents that it had fixed the reserved price at Rs. 160. 00 per sq. metre for schools. Clause 5 says that the lease money can be changed after 15 years but it will not exceed 25% of the reserved price. Clause 15 of the offer envisages that on non-payment of the demanded amount within one month, the appellant will be entitled to realise interest and cancel the allotment. In case of acceptance, clause 16 sub-clause (ii) provides that "if you accept the allotment of the above conditions, please deposit the amount within one month as under". The details of the amount have been mentioned and the total amount to be deposited was Rs. 20,31,820. 90. Admittedly, the respondents had deposited only Rs. 1 lakh. Thereafter, the secretary to the appellant had communicated through a letter that the State government had granted permission for allotment of the land at 25% of the reserved price to therespondent-Academy by letter dated 12-8-1988 and that is being returned. Then on 12-1-1990, pursuant to a letter written by the respondents on 6-7-1989, they also reiterated that they were willing to allot the land @ 25% of the then prevailing reserved price of the land and the amount mentioned thereunder has been specified. It was also stated expressly thus: