S HARCHARAN SINGH Vs. DELHI CANTONMENT BOARD

JUDGEMENT

(1.) By this writ petition the petitioners, who are the highest bidders in the rental auction of shops/offices conducted by the Delhi Cantonment Board (for short "DCB"), question clause 12 of the terms and conditions of auction under which they are required to deposit sums equivalent to ten years rent for the commercial units for which bids were given by them. The facts giving rise to this writ petition are as under:

(2.) DCB construsted a shopping cum Commercial complex known as "KALPATARU". The building consists of basement, ground floor, first floor and second floor and has shops, office complex (Cubicles and Hall), Terrace Restaurant etc. In regard to these DCB announced rental auction for July 21, 1994 and July 22, 1994. The interested persons were required to deposit a bank draft of Rs.25,000.00 drawn in favour of Cantonment Executive Officer, Cantonment Board, Delhi Cantonment as earnest money before their entry into the auction hall. According to the announcement the terms and conditions of the auction were available in the office of the Revenue Department, DCB and could be obtained on payment of Rs. 100.00 during office hours on all working days w.e.f. July 14, 1994 and July 22, 1994. The petitioners participated in the auction which took place on the scheduled dates viz. July 21,1994 July 22, 1994 and gave offers in the following manner: <FRM>JUDGEMENT_1217_AD(DEL)3_1994Html1.htm</FRM>

(3.) On July 22, 1994 the petitioners were then called to complete the necessary formalities including payment of 25% of the ten years rent within seven days of the date of the auction i.e.by July 29,1994. This was in accordance with clause 12 of the terms and conditions of auction. On receiving the demand the petitioners are said to have filed their representations/replies. One such reply dated July 27, 1994 has been filed alongwith the writ petition which is annexure "D" thereto. On July 29,1994 the petitioners filed the present writ petition mainly challenging clause 12 of the terms and conditions of the auction which reads as under: