(1.) THE following questions of law were referred for the decision by a Larger Bench on 6.2.2012 while hearing the writ petition mentioned above and CWP Nos.3821 of 2008 and 14643 of 2008 filed by Career Launcher (I) Ltd. and M/s RSG Educational & Charitable Society (Regd.) respectively, inter alia, finding conflict in two judgments and also keeping in view the importance of the issues arising in large number of cases:
(2.) THE facts in brief, giving rise to the present order, are that all the writ petitioners applied for allotment of institutional plots in Sectors 20-A and 20-B, Faridabad, advertised for sale by Haryana Urban Development Authority (for short 'the Authority') constituted under Haryana Urban Development Authority Act, 1977 (for short 'the Act'). Initially, the Authority had invited applications to allot "freehold institutional plots for Corporate Offices, Research & Development Centres, Corporate Towers and Staff Training Institutes" in Sectors 20-A and 20-B, Faridabad in the year 2004. The allotments were to be made on an on-going "first come first served" basis. There were plots for Government Organizations as well as for Private/ Non- Government Organizations contemplating separate rates for Government Organizations and for Private/Non-Government Organizations. In terms of such process of sale, it appears that only 16 applications were received. Thereafter, another advertisement was published in respect of the same plots, which were part of the earlier process of advertisement, but with stipulation that the booking of these plots commences on 10.02.2006 and closes on 10.03.2006. There was marginal increase in the cost of the plots as well. The plots allotted at Faridabad in pursuance of the second advertisement are the subject matter of challenge in these writ petitions. The primary ground of challenge is based upon the decision of the Hon'ble Supreme Court in New India Public School & others Vs. HUDA & others AIR 1996 SC 3458 and some of the judgments of this court following the said judgment. The Supreme Court judgment in the aforesaid case arose in pursuance of an advertisement issued in 1988 by the Authority inviting applications for school sites located in Urban Estate, Panchkula. The applications were to be received on or before 30.03.1988. The allotment of school sites in pursuance of the said advertisement became subject matter of challenge before this Court in CWP No.1303 of 1989. The advertisement so published (as appended in CWP No.1303 of 1989) reads as under:-
(3.) THE Division Bench accepted the appeal in a judgment reported as Seven Seas Educational Society Vs. The Haryana Urban Development Authority & others AIR 1996 Punjab and Haryana 228. The Bench observed that without ascertaining the tentative price of the site, acceptance of Rs.2500/- as earnest money appears to be against the interest of the authority. It also found that a school site was allotted in Sector 12, when it had not applied for allotment of site in the said Sector. From the record, the Bench observed as under: 28. The skeleton record of the respondent-authority produced before us and the pleading of the parties reveals:
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