JITENDER KUMAR Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Challenge in the present petitions filed under Article 226/227 of the Constitution of India is to order dtd. 28/1/2011 (Annexure P-7) whereby the Administrator of the erstwhile Haryana Urban Development Authority (HUDA), Rohtak rejected the bid of the petitioners against the allotment of Hotel Site No.I and II, Sector-14, Sonepat.

(2.) In sum and substance the petitioners case is that they had deposited 2% of earnest money as required by the advertisement and bid being the highest one @ Rs.35,203.00 per square meter was over and above the reserve price and, therefore, having deposited 10% of the bid amount the petitioners had a right to get issued the allotment letter. Resultantly, the order dtd. 16/11/2010 (Annexure P-4) whereby the bid money was refunded of Rs.24,53,500.00 by pay order was stated to be not justifiable.

(3.) Senior counsel for the petitioners has vehemently submitted that the cancellation of the bid was not justified and only the Chief Administrator, HUDA could have done so, who is the competent authority and, therefore, the impugned order passed by the Administrator dtd. 28/1/2011 (Annexure P-7) is liable to be quashed.