ST. XAVIER EDUCATION TRUST Vs. DDA

JUDGEMENT

(1.) (Open Court) - Both these writ petitions raise common questions and are, therefore, disposed of by this common judgment.

(2.) The Delhi Development Authority (DDA) announced an auction of plots, on lease hold basis for senior secondary schools, hospitals and nursing homes, higher and technical institutions at various prime localities in Delhi which was to take place on 30.6.2006. Among those eligible to participate in the auction were "any registered societies or trusts, individuals or associations of individuals as may be allowed under the Delhi School Education Act or Rules". The prospective bidder was to be present at 10:30 am on the date of auction and entry into the auction was restricted to such persons who carried a demand draft/pay order in favour of the DDA for a sum of Rs. 10 lakhs.

(3.) The petitioner which is a registered trust found with the objective of imparting education and running 8 schools in Delhi participated in the auction. The petitioner bid for two of the properties on offer. One was a 8000 sq. m plot for senior secondary school at Narela, the reserved price of this plot was Rs. 8,73,60,000.00. There were 33 participants present at the time of auction but the petitioner was the sole bidder for this particular site. The petitioner offered Rs. 8,73,70,000.00 and was therefore, the only successful bidder. In accordance with the terms and conditions of the auction, the petitioner paid 25% of the bid amount at the fall of the hammer. Subsequently, by the impugned communication dated 8.9.2006, the DDA informed the petitioner that the bid had been rejected "on account of lack of competition/ single bid and litigation." The petitioner was informed that the amount paid by it was being refunded. WP(C) No.15696/2006 has been filed challenging the said communication dated 8.9.2006.