LEMON SEEDS HOSPITALITY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned Counsel for the appearing parties. Perused the record.

(2.) By this Petition under Article 226 of the Constitution of India, the Petitioner - a private limited company registered and incorporated under the Companies Act, 1956, is praying for quashing and setting aside the auction process in respect of sale of the subject property bearing No. 193/1, Village - Devali, Mehrauli, New Delhi (popularly known as 'Sainik Farm Area'). The Petitioner is also challenging the auction in which the Petitioner itself is declared as successful auction purchaser. The challenge is on the ground of alleged suppression of material facts in contravention of Sec. 55(1)(a) of the Transfer Of Property Act, 1882. The Petitioner is further seeking directions to the Respondent Nos. 2 and 3 / State to pay damages of Rs.5,00,00,000.00 to the Petitioner for making the Petitioner participate in the auction process. The Petitioner is further seeking refund of the entire amount of purchase price of Rs.8,13,60,000.00 paid by it alongwith interest @ 18% p.a. The Petitioner is also praying for restraining the Respondent No. 3-State from parting with or disposing of the amount paid by the Petitioner.

(3.) Apart from the prayers indicated above, there are certain other omnibus prayers made by the Petitioner, which are reproduced below: