- (1.) Respondent-New Okhla Industrial Development Authority (for short herein after referred to as 'NOIDA') invited bid in September, 2004 for allotment of a plot no. H-1, Sector 63, NOIDA for construction of a hotel. As per terms and conditions of the scheme a sum of Rs.50.00 lacs was to be deposited as earnest money and a sum of Rs.10,000.00 was to be deposited as processing fees. The reserve price for the hotel site was fixed as Rs.15,000.00 per sq. mtrs. The area of site was approximately 12874 sq. mtrs.
(2.) The petitioner, which is a Private Limited Company incorporated under the Indian Companies Act, 1956, submitted tender form along with earnest money of Rs.50.00 lacs by means of Pay Order No. 537345 drawn on Vijaya Bank, New Delhi and processing fees of Rs.10,000.00 by means of Pay Order No. 537344 again drawn on Vijaya Bank, New Delhi. The tender form along with two Bank Drafts was submitted by the petitioner-company on 20th September, 2004. As per terms and conditions of the tender, the allottee was required to deposit 25% of the bid amount within 30 days of its being communicated in respect of the allotment of the plot by respondent-authority. Clause 6 (I) of the terms providing for the same reads as under : "6 (I). Successful tenderer shall be issued registered allotment letter and deposit 25% of the tendered amount after adjustment of earnest money, through bank draft drawn in favour of 'NOIDA' payable at NOIDA/New Delhi/Delhi within 30 days from the date of issue of the acceptance/allotment letter through prescribed challan available in the banks mentioned in the Brochure and submit the copy of deposited challan in Commercial Department of the Authority. In case of failure to deposit this amount entire earnest money deposited shall be forfeited."
(3.) The petitioner has alleged in the writ petition that despite repeated enquiries made by its representative from the respondent-authority and despite letter dated 10.12.2004 seeking clarification of the position as to whether tender was accepted or not, no information was given regarding status of its tender. It has been alleged that despite allotment letter addressed to the petitioner was kept ready, the same was not despatched. It is further alleged that the representative of the petitioner was pressurized to give a letter dated 20.01.2005 seeking extension of time for payment of balance consideration and accepting that the allotment letter has been received by him today. In reply to the aforesaid letter, the respondents-authority informed the petitioner that it is not possible to accept the request for extension of time for depositing the amount and the allotment already stands cancelled which was communicated vide letter dated 31st January, 2005. The case set up by the petitioner is that it came to know of the cancellation order dated 31st January, 2005 when it received a letter dated 12.03.2005 and the copy of the letter dated 31st January, 2005 was never sent to the petitioner and has never been received by it. It is further alleged by the petitioner that the allotment letter dated 16.11.2004 was despatched by the NOIDA on 02.03.2005 and was received by the petitioner on 03.03.2005. A copy of the said allotment letter and the copy of the envelope have been annexed as Annexure P-8 and P-9 to the writ petition.;