AJAY BIKRAM SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present petition has been filed by the petitioner praying inter alia for setting aside the order dated 9.2.2012 passed by the respondent/DDA, rejecting the petitioner's bid for the plot bearing No. 31 situated in Pocket B-10, Sector-13, Dwarka Residential Scheme, and for directing the respondent/DDA to allot the said plot to him, being a successful bidder in terms of the auction held on 18.11.2011. Learned Senior Advocate appearing for the petitioner submits that in October 2011, the respondent/DDA had issued an advertisement to auction 63 residential plots on freehold basis, including the subject plot, which was to be tentatively held on 18.11.2011. The petitioner had applied for participating in the aforesaid auction in respect of the subject plot measuring 179.59 sq. metres for which the reserve price was fixed at Rs. 4,04,07,750/-. The bid was submitted in the joint names of the petitioner and his wife, Ms. Veenu Kanwar. Pertinently, the wife of the petitioner has not been impleaded as a co-petitioner in the present proceedings. It is stated that the auction was conducted by the respondent/DD A on 18.11.2011. During the said auction, it transpired that the petitioner along with his wife were the sole bidders. However, the respondent/DD A proceeded with the bid and certified the petitioner to be a successful bidder in terms of the document placed on record as Annexure P-2, whereunder, the petitioner had deposited 25% of the bid amount, totalling to Rs. 1,01,25,000/-.

(2.) Thereafter, the petitioner states that he did not hear from the respondent/ DDA till the impugned order dated 9.2.2012 was passed whereunder he was informed by the respondent/DDA that as per Clause 11(5) of the Brochure, the officer conducting the auction, for reasons to be recorded in writing, could recommend the Competent Authority to reject any bid including the highest bid and that in the present case, the Competent Authority had rejected the bid of the petitioner in respect of the subject plot, being a single bid. As a result, the petitioner was called upon to take the refund of the earnest money deposited by him.

(3.) Aggrieved by the aforesaid rejection order, the petitioner submitted a representation dated 23.2.2012 to the respondent/DDA, requesting it to recall the aforesaid cancellation letter/order and allot the subject plot to him. The respondent/DDA replied on 27.2.2012 informing the petitioner and his wife, Ms. Veenu Kanwar that the bid had not been accepted by the Competent Authority and that they may submit the relevant documents for the release of the deposited amount.