LAWS(ALL)-2005-11-60

JAGMOHAN BHOLA Vs. VICE CHAIRMAN GHAZIABAD DEVELOPMENT AUTHORITY

Decided On November 28, 2005
JAGMOHAN BHOLA SON OF SRI GHANSHYAM DAS BHOLA Appellant
V/S
VICE CHAIRMAN GHAZIABAD DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed for quashing the orders dated 3.7.2000(Annexure-5 to the writ petition) and dated 5.6.2000 (Annexure-5-A to the amendment application) and further for a direction to the respondents to allot the plot and to pay compensation for the loss suffered due to their illegal action. The petitioners also seek a direction to the respondents to deposit the amount of Rs. 7.20 lacs deposited as earnest money in a fixed deposit scheme of a nationalized bank.

(2.) A brief resume of the facts leading to the writ petition is that pursuant to the advertisement published in the newspaper dated 22.3.2000 by the Ghaziabad Development Authority for auction of certain plots on 30.3.2000, the petitioners submitted an application for participation in the auction in respect of plot measuring 711.70 sq. meters situated at Kaushambi. A sum of Rs. 7.20 lacs was deposited on 30.3.2000 as earnest money before participating in the auction. The relevant terms and conditions of allotment by auction of commercial plot on free hold basis (Annexure-SA-2 to the supplementary affidavit) are as follows:

(3.) Bidding at auction :