UDAYA NATH AICH Vs. B.D.A.

JUDGEMENT

(1.) In this writ petition, the petitioner has sought a direction from this Court to the Bhubaneswar Development Authority (hereinafter referred to as the B.D.A. for brevity) to handover possession of residential Plot No.268 situated in Prachi Enclave Plotted Development Scheme, Chandrasekharpur, Bhubaneswar.

(2.) In the year 2013, the B.D.A. issued a brochure-cum-application form for auction sale of constructed assets and plots and the last date of submission of application was on 11.12.2013 and the opening of sealed quotations was on 20.12.2013 at 11.00 A.M. The petitioner in pursuant to issuance of brochure, submitted an application and participated in the auction bid by the B.D.A. in respect of Plot No.268 of Prachi Enclave Plotted Development Scheme, Chandrasekharpur, Bhubaneswar (hereinafter referred to as the developed area). The petitioner offered a sum of Rs.7,28,200/- as the bid value and he was declared as the highest bidder. Pursuant to the terms and conditions of the auction the petitioner deposited 10% of the bid amount as EMD. On 11.2.2014 the B.D.A. issued a letter in favour of the petitioner asking him to deposit the remaining amount of Rs.65,53,800/- within thirty days, but because of the reasons beyond his control, he could not deposit the same and as per Clause-6(2) another 6 months time were given to the petitioner to pay the amount subject to payment of interest @ 15% per annum compounded on the balance amount for the extended period.

(3.) It is borne out from the record that after 39 days of the extended period, the petitioner paid the money, but the B.D.A. did not accept his payment as it was not accompanied with 15% interest and directed the petitioner to take back his money deposited without any interest and the 10% E.M.D. deposited was forfeited by the B.D.A.