VINOD SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This intra court appeal impugns the judgment dated 15 th March, 2012 of the learned Single Judge dismissing WP(C) No.2076/2010 preferred by the appellant. Though the appeal is accompanied with applications for condonation of 5 days delay in filing and 143 days delay in refiling the appeal and there does not appear to be any plausible explanation for such delays but we have nevertheless heard the counsel for the appellant on merits also.

(2.) The appellant was the highest bidder in the auction held by the respondent DDA on 22 nd June, 2006 of Commercial Shop bearing Unit F-2, CSC No.2, Preet Vihar, G Block, Delhi. He had made an earnest money deposit of Rs.5,00,004/- and had made a bid of Rs.20,00,016/-. The said bid was accepted and the DDA vide its letter dated 10 th August, 2006 demanded the balance total amount of Rs.15,00,057/- within 30 days i.e. by 9 th September, 2006 and with interest as provided within 180 days i.e. by 9 th March, 2007. Admittedly the petitioner did not deposit the demanded amount by the stipulated date and could pay only a further sum of Rs.10,50,000/-, leading to cancellation of his bid and forfeiture of earnest money deposit in terms of auction/allotment letter and which was also intimated vide letter dated 8 th May, 2007 of the DDA.

(3.) The petitioner then did not challenge the said cancellation/forfeiture. On the contrary he made a representation dated 15 th May, 2007 seeking further two months time to pay the balance amount. The said representation having not elicited any response, was followed by representations dated 26 th July, 2007 and 26 th September, 2007. DDA vide its letter dated 12 th November, 2007 rejected the said representations.