- (1.) This writ petition has been filed for quashing the order dated 18-12-2004 and the consequential letter dated 1-1-2005 and for a direction upon the respondents to allot the property in favour of the petitioner-Company after accepting the remaining amount of the bid.
(2.) The petitioner is a Company engaged in the business of construction and pursuant to the advertisement published in the newspapers by the Ghaziabad Development Authority, Ghaziabad (hereinafter referred to as the 'Development Authority') for auction of certain plots on 30-11 -2004 submitted an application for participating in the auction in respect of the plots of Ahinsa Khand-I GH-4 measuring approximately 40331.32 sq. meters. The reserve price in respect of the said plot was notified as 12500 per sq. meter in the advertisement. The petitioner was also supplied a copy of the brochure containing the terms and conditions in respect of the auction to be held on 30-11-2004. The relevant portion of the terms and conditions is quoted below :- "1.0 SCHEME. Ghaziabad Development Authority has developed the Indirapuram Scheme on about 1280 acres of land located on the NH-24 bye-pass at a distance of about 12 Km. from Cannaught Circus, New Delhi. The Group Housing plots are located in Vaibhav Khand, Ahinsa Khand-I and II, Indirapuram, near CISF Camp. GDA has already constructed and allotted houses catering to various income categories besides development of plots of various sizes, infrastructural development in the schemes as well as completion of houses is carried out at a rapid pace and possession of plots is being given to allottee regularly. Vaibhav Khand, Ahinsa Khand-I and II are in under development. Indirapuram is a self-sufficient township. It is an aesthetically designed and well planned to suit modern living needs. Details of the group housing plot proposed for auction are given below in the table JUDGEMENT_299_AIR(ALL)_2005Html1.htm 3.0 AUCTION : iii) The bid of the auction will start above the reserve price. The bid with a minimum bid block of Rs. 10 per sq. mt. above the reserve price will only be acceptable. iv) Auction bids offered shall be decided by the Vice-Chairman, Ghaziabad Development Authority. The Vice-Chairman, GDA may accept or reject any bid without assigning any reason included the highest bid in public/organization interest and her/his decision in this behalf will be conclusive and final. 6.0 MISCELLANEOUS : i) Decision of the Vice-Chairman, Ghaziabad Development Authority will be final in every matter related to the bid/sanction of building plans construction etc. ii) Ghaziabad Courts will have exclusive jurisdiction for adjudication of disputes with regard to this offer." (contd. on Col. 2)
(3.) The bid of the petitioner who had offered the rate of Rs. 12,740/- per sq. meter was the highest in respect of the aforesaid plot in Ahinsa Khand-I GH-4. The petitioner then received a letter dated 1-1-2005 from the Development Authority informing it that the bid had been cancelled by the order dated 18-12-2004. This petition has been filed for quashing the order dated 18-12-2004 and the letter dated 1-1-2005.;