HEMANT GUPTA, J. - (1.) The present letters patent appeal under Clause X of the Letters Patent is directed against an order passed by the learned Single Bench of this Court on 15.03.2011 allowing the writ petition filed by the respondent herein with a direction to the appellants to sanction the building plan of the respondent-Company by permitting them Floor Area Ratio (FAR) of 150% qua the multiplex site purchased by the respondent-Company.
(2.) The present appellants published an advertisement for sale of a multiplex site measuring 2700 square meters in Sectors 55 & 56, Gurgaon for which auction was proposed to be held on 05.02.2007. The FAR for multiplex as per the condition in the advertisement was mentioned as 125% with ground floor coverage 100% and maximum height of 21 meters. In pursuance of such auction notice, the writ petitioner participated in the auction and was successful bidder having given bid of L 73,40,00,000/-. A letter of allotment was issued to the writ petitioner on 26.02.2007 to the effect that a sum of L 11,00,96,000/- is to be deposited within 30 days from the date of issue of such letter to make 25% of the price after taking into consideration L 7,34,04,000/- deposited by the petitioner.
(3.) On 11.05.2007 vide Annexure P-5, the writ petitioner sought clarification from the Chief Administrator of the appellants in respect of FAR of the multiplex site in which the writ petitioner participated. It is averred that nowhere in the advertisement FAR was mentioned and on an enquiry at the time of auction, the HUDA officials told them that FAR is as per the existing policy, as in Sectors 23 & 23-A, multiplex plots having FAR of 150% were auctioned on 15.12.2006. On the basis of such communication, the Administrator, HUDA, Gurgaon communicated to the Chief Administrator on 21.06.2007 to consider the request of the writ petitioner for increase in FAR. The relevant extract from the said communication reads as under: "In the matter, this is to apprise you that in the advertisement as well in the hand bills the prescribed FAR for multiplex site of Sector 55-56 has been mentioned as 125%. One copy each of advertisement and hand bill as desired are sent herewith for your ready reference. D.T.P. Gurgaon has confirmed on telephone that the zoning plan of the site was also displayed at the time of auction. However, in the matter, it is stated that at the time of auction, the applicant and other bidders had raised the demand for increasing FAR of the site to 150%. DTP Gurgaon had then informed that since it was an old approved zoning plan, FAR of only 125% was allowed, but the case for increasing FAR to 150% would be sent for bringing it at par with the prevailing FAR allowed in other multiplex site. In view of the above stated facts and to have uniformity of norms, the request of the applicant for increasing FAR from 125% to 150% may be considered." In pursuance of such communication, the Chief Administrator on 16.10.2008, communicated that terms and conditions of auction cannot be allowed to be modified after completion of auction. It is, thereafter, after serving notice, the petitioner invoked the writ jurisdiction of this Court.;