HARASH TALWAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The respondent Delhi Development Authority (DDA) issued a public advertisement on 02.05.1993 for offer of residential plots in Jangpura, Defence Colony, Tilak Nagar, Geeta Colony and New Rajinder Nagar in an auction to be held on 31.05.1993. The petitioner participated in the said auction and was the highest bidder in respect of plot No. E-38A, Jangpura measuring 264.80 sq. mtrs. having submitted a bid for Rs.30,93,000.00. The said bid was higher than the reserve price and the petitioner was required to deposit 25% of the bid amount at the fall of the hammer amounting to Rs.7,73,250.00. However, the petitioner deposited a sum of Rs.12,10,000.00.

(2.) The following are the relevant terms and conditions of auction :-

(3.) In the counter affidavit filed by the respondent DDA, it is stated that the plot was mistakenly put into auction even though it did not belong to DDA. In this behalf, it is stated that DDA was under impression that the plot in question had been transferred to DDA from the Ministry of Rehabilitation under a package deal. This package deal referred to was in terms of the letter dated 02.09.1982 of the Ministry of Supply and Rehabilitation transferring unutilised lands within the urban / urbanisable limits of Delhi / New Delhi under the charge of the Department of Rehabilitation to DDA for a total consideration of Rs.30 crores.