VINEY MITTAL, J. - (1.) THE petitioner-Company has approached this Court for the issuance of a writ of mandamus directing the respondents to issue a Zoning Plan mentioning the Floor Area Ratio (hereinafter referred to as the "FAR") as 150% instead of 125% as detailed in the Zoning Plan, Annexure P-5. Further directions have been sought against the respondents to issue an amended allotment letter/re-allotment letter after mentioning the rate of interest at 11% and 14% (at item Nos. 1 and 18 thereof), as per terms and conditions of the advertisement dated April 22, 2004, instead of 15% and 18%, as mentioned in the allotment letter/re-allotment letter. The petitioner-Company has also sought directions against the respondents to receive the balance amount from the petitioner within 60 days from the date of issue of the correct Zoning Plan.
(2.) A advertisement dated April 22, 2004 was issued by the Haryana Urban Development Authority (in short "HUDA"), respondent No. 2, in all the leading newspapers i.e. The Tribune, Indian Express, Bhaskar, Punjab Kesri, Hindustan Times and Times of India. The aforesaid half page advertisement dwelled upon auction of free hold Shopping Malls and Multiplexes at Kurukshetra, Ambala, Karnal and Panipat. A copy of the aforesaid advertisement has been appended as Annexure P-1 with the present petition. Salient features/zoning parameters were also indicated in the said advertisement. The ground coverage for the shopping malls and for multiplexes was provided. The said advertisement also indicated FAR. With regard to shopping malls, Floor Area Ratio (FAR) was indicated as 125% whereas for multiplexes, the Floor Area Ratio was indicated as 150%. Maximum permissible height for a Shop Mall was indicated as 30 metres whereas for Multiplex, it was indicated as 21 metres. For Multiplex, it was also indicated that "upto 50% of FAR can be used for commercial activity like convention centre, exhibition hall, cultural centres, departmental stores etc." With regard to the aforesaid advertised site of a multiplex in Sector-7 at Ambala, the area of the site was indicated 2086 sq. metres and the date/time of auction was indicated as April 30, 2004 at 11.00 a.m.
(3.) THE petitioner-Company maintains that at the time of the aforesaid auction on April 30, 2004, the Administrator, Haryana Urban Development Authority, Panchkula and Estate Officer, Ambala, respondent Nos. 3 and 4, respectively, were present at the spot. After introducing themselves to the intending bidders, respondent No. 4 read out the terms and conditions, as had already been advertised, in the advertisement, Annexure P-1. The intending bidders were also informed that for participation in the auction proceedings, a prospective bidders was required to deposit the initial amount of Rs. 5.00 lacs. It was also informed that after the completion of the auction, the aforesaid amount of Rs. 5.00 lacs would be returned to each one of the bidders. The reserved price of the said site was also announced as Rs. 3.65 crores. The petitioner-Company maintains that all the intending bidders, who were present at the site gave their details of addresses etc. and deposited the amount of Rs. 5.00 lacs each for participating in the auction proceedings. The petitioner-Company also deposited an amount of Rs. 5.00 lacs. All the prospective bidders were issued tokens for the purpose of identification at the time of bid, for the facility of recording proceedings. It is also maintained by the petitioner-Company that the aforesaid respondent Nos. 3 and 4 also distributed pamphlets at the time of the auction. A copy of the pamphlet dated April 30, 2004 issued at the time of auction proceedings of multiplex site at Ambala City has been appended as Annexure P-2 with the present petition.;