AB. REHMAN Vs. STATE OF J AND K

JUDGEMENT

(1.) Petitioner seems to have responded to the auction notice issued by Srinagar Development Authority (S.D.A) where-under sealed bids for the auction/disposal of ground floor shops in the proposed four storeyed commercial complex situated at Doodh Ganga were invited. The said complex at the time of invitation of the bids was raised up to plinth level.

(2.) In the first phase subject to the booking of 60% shops in the auction, the construction of ground floor shops was to be completed within six to nine working months from the date bids areaccepted.The bid amount was to be paid in three installments. The condition No. 7 of the terms and conditions would provide that the S.D.A has a right to extend the date of issue of bids or to postpone the implementation of the auction or to cancel the auction notice. The condition No. 10 would provide that the constructions of the shops will he completed provided 60% of the shops are booked.

(3.) The non-satisfaction of the condition i.e. booking of 60% of the shops constrained the S.D.A to issue fresh auction notice but still the said condition was not satisfied. As a result thereof, the offers of the Petitioners were not accepted and the matter was taken up in the Board of Directors of the S.D.A. The Board of Directors took the decision that since for the auction of Doodh Ganga Shopping Complex, response was inadequate, therefore, the offers already received shall be cancelled and the earnest money deposited by the tenderers be refunded. It was also decided that the S.D.A shall construct the ground floor of the complex from its own resources.