DLF UNIVERSAL LIMITED Vs. ADDITIONAL CHIEF ENGINEER

JUDGEMENT

(1.) ON 22-2-2004, respondents 1 and 2 invited tenders for the sale of their land situated in Survey Number 16 measuring 8. 875 acres, Sy. No. 17 measuring 5. 225 acres, a portion of Sy. No. 18 measuring 6. 613 acres, a portion of Sy. No. 146 measuring 8. 350 acres in all measuring 29. 063 acres, situated on Old Madras Road, Bangalore.

(2.) PURSUANT to the tender notification, the petitioner submitted its bid in a sealed cover on 31-3-2004 along with an earnest money deposit of Rs. 10. 00 lakhs. A copy of the tender notification is produced as annexure-B to the writ petition. With certain conditions the petitioner offered to pay a sum of Rs. 5,57,56,800/- per acre. When the tenders were opened in the presence of all the bidders, the petitioner's bid was found to be highest. On 1-4-2004, the respondents sent a fax message stating that the petitioner should withdraw the condition imposed in its tender. The said letter is produced as Annexure-E to the writ petition. The condition imposed in the tender reads hereunder:

(3.) THE respondents sent a Fax message stating that it was brought to the notice of the representatives of the petitioner about the proposal to acquire the property by the Government even before acceptance of the tender. Again on 12th April, 2004 as per Annexure-H to the writ petition, the respondents called upon the petitioner to deposit 10% of the amount quoted by the petitioner.