Ashok Bhan, J. - (1.) Aggrieved by the judgment and order of the Division Bench of Rajasthan at Jaipur in setting side the order of the Single Judge, thereby, dismissing the writ petition filed by the appellants, the present appeals have been filed. All the three appeals have been filed by the same set of appellants and against the same judgment. As three separate appeals were filed by the respondents before the Division Bench against the order of the Single Judge the appellants have filed three separate appeals. They are taken up for disposal by a common order.
(2.) The State of Rajasthan (hereinafter referred as "the Respondent No. 1") decided dispose of by public auction two prime properties situated in the heart of Jaipur City, One of the properties was known as Dr. Helligs Bungalow, near Khasa Kothi State Hotel. M.I. Road, Jaipur and the other was a plot of land situated near Khasa Kothi known as the site of Food Craft Institute building on M.I. Road, Jaipur. In the present case we are concerned with the first property only. Respondent No. 1 issued advertisement for auction of Dr. Helligs Bungalow, which was scheduled be held, according the auction notification on 21.12.1994. In the advertisement the properly was described as free hold, ceiling tree, vacant, crest jewel property known as Dr. Helligs Bungalow (10,400 sq. yards). The permitted use of the property was shown as hotel/commercial complex, hotel cum-commercial complex. The terms and conditions for the auction were also provided in the advertisement. Condition Nos. 7, 8, 9, 10, 12 and 13 relate the controversies involved in this litigation and are reproduced hereinunder. "7. Land measuring 1,400 sq. mtr. shall be auctioned with the condition that the successful bidder shall have surrender a strip of land measuring 6.2 sq. mtr. for the road widening/parking of commercial vehicle free of charges. He will be given the benefit in terms of FAR, which is calculated on the basis of original plot size. 8. Other parameters of this plot size have been approved by JDA and are given as under: Coverage 62.5% F.A.R. F.A.R. 2.0 No of floors B + G + 4 Maximum permissible 16.76 Mtrs. Height Parking provision IPCU per 200 sq. mtr. of built up area Set backs Front wards 15 mtrs. Station Front wards roads. Front wards 15 mtrs. Circuit House 7. 5 mtr. Atal Ban (After leaving 6.2 Mtrs. for future road widening/ parking commercial vehicle. Rear 6 Mtrs. as indicated in the plan. 9. The construction work on the plot should be commenced with in one year from the date of handing over of possession of the land and the building. Building construction should be done within 3 years. If the party wants further extension beyond three years that shall be given against the penalty of Rs. 20,000/- (Rupees twenty thousand) p.m. but in no case the period shall be extended more than 2 years. 10. After the full amount due against the plot as deposited by the purchaser the Patta of the plot will be issued in favour of the purchaser which would enable him start construction on the plot in accordance the approved plan and under architectural control as per specifications given by JDA. 12. The land shall be used for construction of Hotel/Commercial Complex/Hotel cum commercial complex only. If he uses this property for other than this purpose, he would have seek prior permission from the Government of Rajasthan against payment of charges as the Government may fix thereof. 13. The purchaser shall have strictly abide by the parameters and set backs as laid down in condition No. 8. Any violation of these terms and conditions shall lead the forfeiture of his right on this property and hence the property shall stand reverted the Government without payment of any compensation for the land and the building thereupon."
(3.) Ganga Retreat and wers Ltd., a company registered under the Indian Companies Act 1956 (formerly known as M/s Lok Hotels and Resorts Limited), the appellants herein were declared as the successful bidder in the auction held. The appellants bid of Rs. 19,56,76,000/- being the highest was accepted and the property was knocked down in their favour. The successful bidder, as per term No. 5, was required pay the sale consideration, as per the following schedule :- i) 10% of the final bid on the spot in cash or through Demand Draft in favour of Direcr of Estate, Rajasthan, Jaipur (the amount of Rs. 20.00 lacs deposited as earnest money shall be allowed be adjusted against this deposit of 10%). ii) 15% amount of the final bid will have be deposited within 15 days from the date of acceptance, letter sent the successful bidder by the Government of Rajasthan. iii) 75% amount of the final bid will have be deposited by successful bidder within 60 days of the notice for deposition of the full and final amount of the bid amount which the party shall be informed by the Government of Rajasthan. Failure deposit the aforesaid amount at any stage, i.e., (i), (ii) and (iii) above will result in forfeiture of the amount already deposited by the successful bidder and hence cancellation of the bid." ;