KRISHAN CHANDRA PAI Vs. MYSORE URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PETITIONER responded to an-e-Auction Notification, Annexure-A, issued by the Mysore Urban Development Authority, for short MUDA, signed by the Engineer Member, Mysore Urban Development Authority, Mysore, published in the news paper 'The Times of India ', Mysore, dated 7/11/2011. By making an offer of Rs.58,00,000/- for Item No.31 bearing Site No.7663 in Vijayanagara, 4th Stage, 2nd Phase, measuring north to south 18.00 meters and east to west (12.30+14.00)/2 meters, totally measuring 236.70 square meters, as against the minimum prescribed price of Rs.38,00,000/-, being a corner site. The general terms and conditions for e-Auction in Annexure-A, paper publication, requires the participants to comply with the formalities of their identification and remittance of e-Auction fee, and EMD, as set out in the e-Procurement Portal i.e., to deposit 25% of the bid amount into the Bank Account, on or before 72 hours of closing of the e-Auction; while Clause 13, states that sites are auctioned on "as is where is condition " and before participating in the e-Auction, bidders could visit the sites; Clause 22 states that any difference in site measurement if found at the time of handing over of the site, additional or less amount is to be paid by the bidder as per the bidding price, as otherwise the auction would be cancelled.

(2.) THE e.Auction Portal on the website uploaded by the respondent-MUDA on 24.11.2011 over final details of e-Auction is said to indicate Site No.7663 measures north to south 18.00 meters; east to west (10.90)/2 meters and the total are as 196.20 square meters, in Vijanagara, 4th State, 2nd main, Mysore. The petitioner 's bid of Rs.58,00,000/- was selected, since six other bids less than the petitioner 's offer were rejected. Petitioner addressed a letter informing the respondent-MUDA of his participation in the e-Bid Process and was the highest bidder, for Site No.7663 of Vijayanagara, 4th Stage, 2nd Phase, with measurements 18x(12.30+14.00)/2 meters, enclosing photographs attested by the Gazetted Officer. Petitioner made a deposit of Rs.14,50,000/- on 26/11/2011 into the account of the respondent-MUDA maintained at Vijaya Bank, MUDA Branch, under Challan Annexure-D.

(3.) HENCE , this petition calling in question Annexure-G and for a direction to the respondent-MUDA to accept Rs.43,50,000/- being the balance of the bid amount for Site bearing No.7663 measuring 236.70 square meters and to declare the letter of confirmation of e-Auction, Annexure-E, as illegal insofar as it relates to the demand in excess of Rs.58,00,000/-.