NISHA TANEJA Vs. HSIIDC

JUDGEMENT

(1.) For, the issue involved is identical in both the writ petitions, they shall be disposed of by way of a common judgment. The facts are primarily being derived from CWP-20393-2024, though reference to the facts of CWP-20482-2024 shall also be made wherever necessary.

(2.) The petitioner prays for the issuance of a writ of certiorari quashing the order dtd. 22/3/2023 (Annexure P-7) and order dtd. 24/3/2023 (Annexure P-9), vide which the bid submitted by the petitioner for an industrial plot was not accepted and the earnest money deposited by her was ordered to be refunded. The petitioner also seeks that the respondents be restrained from further auctioning/allotting Plot No.20, measuring 500 sq. mtr. situated in Sector 15, Industrial Estate, Dharuhera (for short the "the disputed plot") to anyone else.

(3.) The facts, in brief, are that pursuant to e-auction announced in September, 2022 for the allotment of industrial plots at Dharuhera, District Rewari, the petitioner participated in the e- auction. Registration for the same was to start from 18/10/2022 and was to continue till 16/11/2022. The tentative date of start of e-auction was stated to be w.e.f. 30/11/2022 onwards. Petitioner applied for two plots 450 sq. mtr. and 500 sq. mtr. As per the E-Brochure (Annexure P- 3), an applicant was supposed to pay 5% of the reserve price as earnest money. The base price for the plots was fixed at Rs.24,450.00 per sq. mtr. The petitioner registered within the stipulated period and deposited earnest money of Rs.5,50,125.00 and Rs.6,11,250.00 respectively along with process fee. The e-auction was conducted on 10/3/2023. Petitioner opted for non-preferential plot of 500 sq. mtr. and gave a bid of Rs.24850.00 per sq. mtr. She was declared successful and emerged as the highest bidder and the disputed plot was booked for her. She received e-mail dtd. 10/3/2023 (Annexure P-6) from the respondent- Corporation, confirming the booking of the disputed plot in her name and she was informed that payment schedule shall be informed to her after conclusion of e-auction. Thereafter, she received e-mail dtd. 22/3/2023 (Annexure P-7), vide which she was informed that her H1 bid for the disputed plot had not been accepted and that her earnest money would be refunded. The last date for the H1 payment being 29/3/2023, the petitioner tried to make the said payment but the payment option was deactivated. Petitioner received another email dtd. 24/3/2023 (Annexure P-9), stating that H1 bid for the disputed plot category had not been accepted by the competent authority and the earnest money deposited by the petitioner was being refunded. Petitioner visited the office of the respondent-Corporation and sent representations dtd. 29/3/2023 (Annexure P-10) and 24/5/2023 (Annexure P-11) intimating that she was ready to pay Rs.27050.00 per sq. mtr. for the disputed plot i.e. the highest bid accepted by the respondent- Corporation against the disputed plot it being a non-preferential plot. In case of non-allotment of the disputed plot, earnest money along with interest @ 12% per annum was demanded by the petitioner.