MANJU GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) With the consent of learned Counsels for the parties the petition is taken for final disposal.

(2.) The respondent issued a public advertisement for auction of shops/stalls, kiosks, restaurants, etc. in November, 1996 including for auction of the same at CSC Rajdhani Enclave, Pitam Pura for which auction was scheduled on 28.11.1996. The petitioner participated in the said auction and was the successful bidder for shop No. 1 being the vegetable stall for a consideration of Rs. 2,62,000/-. The petitioner deposited 25% of the earnest money amounting to Rs. 65,500/- at the fall of the hammer.

(3.) The petitioner addressed letter dated 3.12.1996 informing the respondent that on inspection at the site he found that the area of the stall in question was comparatively much less than the area scheduled for auction. It may be noticed that the area scheduled for auction given on the date of the auction was 9.88 square metres. The petitioners sought confirmation that the area was same and stated that in case the area was less the petitioner was not in a position to accept the same. This communication was thus addressed within a week of the said auction.