RITNAND BALVED EDUCATION FOUNDATION Vs. DDA

JUDGEMENT

(1.) THE appellant is aggrieved by the judgment/order dated 02.09.2008 passed by a learned Single Judge of this Court in W.P. (C) No. 6394/2008 whereby the petitioner's writ petition was dismissed on the ground of delay and laches. The appellant had filed the said writ petition, inter alia, seeking a writ, order or direction for quashing two letters both dated 03.04.2006 whereby the respondent -DDA had rejected the bids of the petitioner in respect of two institutional plots at Sector -12 and Sector -17, Dwarka, New Delhi, both measuring 12141 sq. mts.

(2.) THE brief facts are that an auction notice was taken out by the DDA in respect of 12 plots which were to be auctioned on 06.03.2006. The appellant participated in the auction in respect of three plots which found mention at serial Nos. 4, 5 and 7 of the said auction notice. The reserve price in respect of two plots both measuring 12141 sq. mts. at Sector -12 and Sector -17, Dwarka was fixed at Rs. 26,83,88,946/ - each. The third plot was also in Sector -17, Dwarka but was of a smaller size. It had an area of 2,000 sq. mts. and the reserve price for the same was Rs. 4,42,12,000/ -. As per the condition of the auction, the successful bidder was required to deposit, at the fall of the hammer, 25% of the bid amount as Earnest Money Deposit (EMD) through Demand Draft or Pay Order with the Central Bank of India or State Bank of India, Vikas Sadan, INA, New Delhi. It is an admitted position that insofar as the aforesaid three plots are concerned, the appellant was the highest bidder. It is also an admitted position that immediately on the conclusion of the auction on 06.03.2006, the appellant submitted a total amount of Rs. 19,07,25,000/ - representing 25% of the bid amount in respect of all the three plots. Insofar as the smaller plot at Sector -17, Dwarka is concerned, the appellant gave a bid of Rs. 14,28,00,000/ - and submitted 25% of the bid amount of Rs. 3,57,00,000/ -. Insofar as the Sector -12 plot at Dwarka is concerned, the appellant's bid amount was Rs. 33,01,00,000/ - and he furnished an EMD of Rs. 8,25,25,000/ -. With regard to the other Sector - 17 plot at Dwarka, the appellant made a bid of Rs. 29,00,00,000/ - for which he deposited an EMD amounting to Rs. 7,25,00,000/ -.

(3.) ON 17.04.2006, a learned Single Judge of this Court decided a batch of writ petitions which included W.P. (C) No. 16691 -92/2004 entitled Society for Employment and Career Counselling Chairman, DDA and Ors. Before the learned Single Judge, in the said batch of writ petitions, the main issue that arose for consideration was whether the policy decision. of 15.12.2003 taken by the DDA to allot land for establishing technical/higher education institutes only. through the process of tender/auction would apply to societies also. The contention that was raised before the learned Single Judge was that Rule 5 of the DDA (Disposal of Developed Nazul Lands) Rules, 1981 as amended up to date did not include societies within its ambit and, therefore, land to societies could be allotted by the DDA as per its earlier policy of going through the institutional committee recommendation and not through auction alone..