Sudhir Agarwal, J. - (1.) Heard learned counsel for parties and perused record.
(2.) This writ petition has been filed by sole petitioner-Narendra Kumar Tyagi assailing allotment letter dated 14.08.2014 and extension of offer made to respondent-5 vide letter dated 23.07.2014 in respect of plot no. B-399, measuring 200 square meters, at Defence Enclave Yojna, Kankadkheda, Meerut.
(3.) Meerut Development Authority (hereinafter referred to as "MDA") invited tenders-cum-open auction for allotment and sale of certain plots in Defence Enclave, Kankadkheda, Meerut. Brochures containing terms and conditions for tender-cum-open auction were made available for sale till date of auction, i.e., 23.07.2014. Sealed tenders were to be dropped in tender box between 11:00 am to 2:00 pm in the office of MDA on the prescribed date. It was also provided that those who are willing to participate in open auction should not submit their application in tender box. The conditions of eligibility for participating in open tender prescribed in clause V of brochure read as under:- 5.The process of bidding will be held in Conference Room of Authority at the time and date mentioned in Annexure-1. Only following persons can participate in bidding process:- Those who have with their tenders deposited bank draft/ pay order/bankers' cheques of earnest money in original as also "self-signed rules and conditions" will have to produce prescribed Form (Annexure-3) alongwith photocopy of draft/pay order/bankers' cheques of earnest money, for participating in bidding process. Those who have not deposited sealed tenders but are interested in directly participating in bidding process will have to submit original bank draft/pay order/bankers' cheques of earnest money along with prescribed Form (Annexure-3) before starting of bidding process. The persons participating in bidding process shall be permitted to bring only one person along with them. In case applicants are not able to participate personally, they can participate in tender-cum-open bidding process through their authorised representatives after completing tender application and application for bidding process, for which applicants, firm/company etc., will have to make proper authorisation in favour of their authorised representatives; and in that condition, authorised person shall have to submit his authorisation letter before bidding committee. If applicant is representing any firm/company etc., he/she will have to enclose with tender application form and auction application form necessary papers in relation to registration (as private/private owner/public limited company/ partnership firm, registered society, registered co-operative society, trust, registered consortium, firms and HUF or others) as also other necessary documents regarding memorandum etc. Applicants shall as against price reserved for building/flat quote their rates based on per square metre for plots involved in the tender-cum-open bidding process. After bidding once, same cannot permitted to be withdrawn. In the same way, after putting your tender in tender box, rate quoted by way of tender cannot be permitted to be withdrawn."(English Translation by Court);