KAMALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition for quashing of the auction of old bus stand, Jalandhar conducted by the Punjab Urban Planning and Development Authority (hereinafter described as 'PUDA').

(2.) The facts necessary for deciding the issues raised in this petition are that vide advertisement Annexure P.2 published in The Tribune dated 16.9.1998, the Chief Administrator, PUDA notified the auction of old Jalandhar bus stand measuring 3386 square yards with reserve price of Rs. 4.86 crores (Rs. 14,350/- per square yard). As per the advertisement/auction was to be held on 29.9.1998 in the office of the Additional Chief Administrator, PUDA, Jalandhar. The petitioner has alleged that without holding the auction on the appointed date at the specified venue, the official respondents have in a surreptitious manner prepared the record showing acceptance of the bid of Rs. 4,86,77,136/- given by M/s St. Soldier Property and Industries Limited. According to him, the action of the authorities of PUDA to accept the bid of Rs. 4,86,77,136/- is wholly arbitrary and contrary to public interest and, therefore, it is liable to be declared as ultra vires to Article 14 of the Constitution of India. He has further averred that many persons who were interested in giving bid were prevented from doing so because of the failure of the official respondents to hold the auction.

(3.) In the written statement filed by them through Shri Raminder Singh, Additional Chief Administration, PUDA, respondents No. 1 to 3 have averred that the auction of the old bus stand, Jalandhar had been conducted in accordance with the policy framed by the Government for Optimum Utilisation of vacant Government Lands which cannot be utilised profitably. They have further averred that the advertisement for auction of the site in question was published in the Daily Tribune dated 16.9.1998, Hindustan Times and Daily Ajit dated 19.9.1998 and in pursuance of that advertisement, the auction was conducted on 29.9.1998 in the office of the Additional Chief Administrator, PUDA at 12.30 P.M. under the supervision of a committee comprising of the Additional Chief Administrator, Jalandhar (Presiding Officer), Superintending Engineer, Ludhiana (Member), General Manager (Projects) (Member) and Senior Town Planner, PUDA, Mohali (Member) and the highest bid given by M/s St. Soldier Property and Industries Limited was accepted. They have questioned the bona fides of the petitioner and have averred that if the petitioner's intention is bona fide, genuine and free from ulterior consideration, then he should deposit Rs. 48,67,716/- to enable the respondents to re-auction the site in the best interest of PUDA.