MAMRAM EDUCATIONAL SOCIETY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) RESPONDENT vide its Communication of 28th March, 2006 (Annexure �D) had called upon petitioner - Society to deposit the auction bid amount of Rs.19,96,50,050/- within the stipulated period, otherwise the auction bid shall stand cancelled automatically and earnest money of Rs.6,65,50,000/- deposited by petitioner � Society towards allotment of 12141 sq. meter of land for construction of Technical/Higher Educational Institute in Sector A-8, Narela, Delhi (henceforth referred to as the subject land) shall stand forfeited without notice.

(2.) SINCE respondent's policy decision of 15th December, 2003 of allotment of Nazul Lands to societies for setting up Higher/Technical Institutes at a premium determined through auction was quashed by a Single Bench of this Court in W.P.(C) No. 3188/2006, Association of Self Financing vs. DDA & Ors., rendered on 17th April, 2006, therefore the relief sought in this petition is to quash the auction held on 6th March, 2006 in respect of the subject land being null and void in view of the afore-noted decision in Association of Self Finance (supra) and to refund the earnest money deposited by petitioner - Society as noted in the aforesaid impugned Communication (Annexure-D). The alternate relief sought is to allot the subject land to petitioner - Society at pre-determined rates as fixed by the Government in view of a Single Bench decision in Association of Self Finance (supra) and not to dispossess petitioner - Society from the subject land.

(3.) RESPONDENT in its counter affidavit had maintained that petitioner cannot be allowed to wriggle out of a valid, legal and concluded contract in the face of Communication of 28th March, 2006 (Annexure-D) impugned herein, as there was no interim order putting on hold auction of the subject land. According to learned counsel for the respondent, since auction in question was not the subject matter of decision in Society for Employment & Career Counseling (Regd.) & Anr. vs. Vice Chairman, DDA & Ors., 129 (2006) DLT 351 negating the respondent's auction policy of 15th December, 2003, therefore, petitioner's reliance upon the afore- noted decisions in Association of Self Financing (supra) and Career Counseling (supra) is wholly misconceived. Regarding the refund of earnest money, stand of respondent is that the same stands forfeited as despite respondent's Communication of 28th March, 2006 (Annexure-D) petitioner had not deposited the balance auction bid amount resulting in automatic forfeiture of the earnest money so deposited by petitioners.