Saroj Bala, J. - (1.) This writ petition under Article 226 of the Constitution of India has been filed for quashing the orders dated 3.7.2000(Annexure-5 to the writ petition) and dated 5.6.2000 (Annexure-5-A to the amendment application) and further for a direction to the respondents to allot the plot and to pay compensation for the loss suffered due to their illegal action. The petitioners also seek a direction to the respondents to deposit the amount of Rs. 7.20 lacs deposited as earnest money in a fixed deposit scheme of a nationalized bank.
(2.) A brief resume of the facts leading to the writ petition is that pursuant to the advertisement published in the newspaper dated 22.3.2000 by the Ghaziabad Development Authority for auction of certain plots on 30.3.2000, the petitioners submitted an application for participation in the auction in respect of plot measuring 711.70 sq. meters situated at Kaushambi. A sum of Rs. 7.20 lacs was deposited on 30.3.2000 as earnest money before participating in the auction. The relevant terms and conditions of allotment by auction of commercial plot on free hold basis (Annexure-SA-2 to the supplementary affidavit) are as follows: 2. Registration for bidding: i) No person shall be permitted to participate in the bid unless he deposits earnest money and gets himself registered for participating in the auction by filling an application form duly filled by the person concerned.
(3.) Bidding at auction : i) The Vice Chairman or the officer conducting the auction may without assigning any reason, withdraw all the plots or any one or more of them from the auction at any stage. ii) The bid shall be for the amount of the premium offered for the free hold rights in the plots. iii) No person whose bid has been provisionally accepted by the officer conducting the auction shall be entitled to withdraw his bid. iv) The officer conducting the bid shall provisionally accept the bid at the fall of hammer and shall submit a report with his recommendation for acceptance or rejection to the Vice Chairman. v) The Vice Chairman may accept or reject any bid including the highest bid after considering the recommendations of the Auctioning Committee and his decision in this behalf shall be conclusive and final which shall not be questioned by any auction purchaser. Vice Chairman shall not be bound to accept the recommendations of the officer concerned. vi) The size of the plots announced by the G.D.A. being only-approximate, the bidders whose bids are accepted shall have to accept variation upto 15% either way in the area of the plot and consequently in the total permissible covered area for which the bid has been offered and accepted, subject of course, to proportionate increase or decrease of auction sale price for the purpose of payments or refunds as the case may be. The auction price for all purpose shall be calculated by multiplying the highest auction bid by the total area of the plot actually made available consequent upon acceptance of the bid. 3. The bid of the petitioners who had offered at the rate of 13,450/- per sq. meter was the highest in respect of the plot measuring 711.70 sq. meter situated at Kaushambi. The petitioners were informed by a letter dated 3.7.2000 that the auction held on 30.3.2000 has been cancelled by order dated 5.6.2000. The petitioners were called upon to take back the earnest money after depositing the token.;