STJ DEVELOPERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of the above captioned two writ petitions involving the same question of fact and law. By way of CWP- 12534 of 2018, the petitioner seeks to invoke the jurisdiction of this Court under Article 226 of the Constitution of India to quash impugned order dated 10.4.2018 (Annexure P-9), further seeking writ in the nature of mandamus directing respondent No.2 to accept the financial bid submitted by the petitioner and for issuance of writ in the nature of prohibition, restraining respondent No.2 from conducting fresh auction in respect of the commercial chunk/mixed land used site measuring 5.1 acres in Sector 62, Mohali.

(2.) CWP No.27170 of 2018 is filed by the petitioner under Article 226 of the Constitution of India for issuance of a writ of certiorari quashing e-auction notice dated 10.10.2018 (Annexure P-11) in respect of the aforesaid site and for issuance of a writ in the nature of mandamus directing respondent No.2 to accept 17% of the bid money as first instalment and to issue allotment letter regarding the aforesaid site in favour of the petitioner.

(3.) Brief facts of the case are that the petitioner, a partnership firm being fully eligible and having fulfilled the pre-requisite conditions, participated in the online e-auction conducted by respondent No.2 with regard to commercial chunk/mixed land used site measuring 20638.99 square metres (5.1 acres) in Sector 62, Mohali (hereinafter called as, 'site') against the reserved price of Rs. 1,59,44,03,255/-. The petitioner being interested in the said site, pre-deposited Rs. 3,18,88,065/- being 2% of the total reserved price. The e-auction for the site started from 20.1.2018 and ended on 25.1.2018. The petitioner and other bidders showed their interest in the purchase of the site. The petitioner gave a bid of Rs. 77,262/- per square meter (on basic FAR) against the reserved price of Rs. 77,252/- per square metre (on basic FAR) on 25.1.2018. The total bid given by the petitioner was Rs. 1,59,46,10,418/- while the reserved price was Rs. 1,59,44,03,255/-. After the conclusion of the e-auction, the petitioner came to know that only 15 bids were received against the total 22 sites which were put to auction by respondent No.1 and out of the said 15 bids, 12 were accepted and three bids were rejected being single bid which also included the bid of the petitioner. On this, the petitioner approached respondent No.2 to know the exact status of its bid but could not get any satisfactory response. Then on 7.2.2018, the amount of Rs. 3,18,88,065/- was refunded by respondent No.2 to the petitioner by way of NEFT. The said unilateral decision of the respondents was per se illegal.