(1.) HEARD the learned Counsel for the petitioner.
(2.) THE complainant had submitted his bid pursuant to tender notice and had quoted the rate of Rs. 1728 per sq. mtr. The highest bid was of another tenderor who had given bid for Rs. 1,885 per sq. mtr. but he was declared ineligible. It appears that the complainant expressed his willingness for the bid at the rate of Rs. 1,885 per sq. mtr. In the meeting of the opposite party, it appears that it was resolved that the bid of the complainant may be accepted if he agrees for the payment of Rs. 1885 per sq. mtr. However, before any order could be issued, the matter had gone to the High Court and pursuant to stay order of High Court, cancellation letter dated 21.10.1997 was issued to the complainant and FDR of the earnest money was returned. The District Forum accepted the stand of the opposite party that the allotment had been cancelled' before acceptance and cancellation was conveyed to the complainant on 21.10.1997. It appears that subsequently the Authority proposed to sell the plot @ Rs. 2,800 per sq. mtr. The complainant had approached the District Forum for direction to allot the plot @ Rs. 1,885 per sq. mtr. However, in view of the above, the District Forum had dismissed the complaint with direction to take necessary action for allotment/cancellation of the plot as per rules at the rate of Rs. 2,800 per sq. mtr. as per guidelines of the Collector prevailing at that time, if the complainant is agreeable for the same. This order was challenged by the complainant before the State Commission.
(3.) THE State Commission considered the matter and took into consideration that the reserve price for the plot was Rs. 1885 per sq. mtr. but initial bid of the complainant was only Rs. 1,728 per sq. mtr. The State Commission also took into consideration that the High Court had passed stay order and the Authority was not willing to sell the plot as the bid received was below the price. It may also be mentioned here at this stage that the District Forum had found that the willingness of the complainant to pay the reserve price of Rs. 1885 per sq. mtr. had not been finally accepted and letter of cancellation dated 21.10.1997 was sent to the complainant whereby the FDR of earnest money was returned. It appears that the complainant did not accept the deposit and insisted that the plot be allotted to him. In these circumstances, the State Commission directed Indore Development Authority to reconsider the offer of the complainant and if Authority wants to sell the plot at the rate fixed by Collector, i.e., Rs. 2800 per sq. mtr., the Authority should negotiate with the complainant and passed appropriate orders. Directions were given to take decision within three months of the offer filed by the complainant.