Komal Aggarwal And ANR v. Haryana Shehri Vikas Pradhikaran And ORS

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Reserved on:

06.12.2023
Pronounced on:

12.03.2024
1.

CWP-1417-2023
Komal Aggarwal and another Haryana Shehri Vikas Pradhikaran and others 2.

CWP-6669-2023
Om Parkash State of Haryana and others 3.

CWP-1897-2023
Virender Kumar Sukhija Haryana Shehri Vikas Pradhikaran and others 4.

CWP-1769-2023
Jyoti Arora Haryana Shehri Vikas Pradhikaran and others 5.

CWP-2469-2023
Ram Sarup Haryana Shehri Vikas Pradhikaran and others 6.

CWP-22063-2020
Shyam Lal

-- 7.

CWP-22723-2020
Sudesh Sharma 8.

CWP-4436-2023
Priyanka Goyal 9.

CWP-2633-2023
Sunil Kumar and another 10.

CWP-2423-2023
Shikha Bhardwaj and others 11.

CWP-1682-2023
Anita Rani Haryana Shehri Vikas Pradhikaran and others CWP-3640-2023
Aditya Karnani 13.

CWP-3191-2023
Anju Gupta Haryana Shehri Vikas Pradhikaran and others

-- 14.

CWP-10777-2022
Sarika Soni 15.

CWP-17923-2020
Geeta Sharma 16.

CWP-2797-2023
Muthra Singh and others 17.

CWP-10193-2023
Tulika Jain Haryana Shehri Vikas Pradhikaran and others 18.

CWP-11367-2023
Vijaya Rohilla 19.

CWP-1356-2023
Sanchita Haryana Shehri Vikas Pradhikaran and others 20.

CWP-30181-2022
Palak Gupta and another .... Petitioners
Haryana Shehri Vikas Pradhikaran and others

-- 21.

CWP-30192-2022
Neelam Bajaj and another .... Petitioners
Haryana Shehri Vikas Pradhikaran and others 22.

CWP-3171-2023
Deepika Jain Haryana Shehri Vikas Pradhikaran and others 23.

CWP-4056-2023
Hukam Chand Yadav and another .... Petitioners
24.

CWP-5853-2023
Ankit Yadav and another .... Petitioners
25.

CWP-1876-2023
Jitender Kumar Sharma Haryana Shehri Vikas Pradhikaran and another 26.

CWP-4594-2023
Ruchika 27.

CWP-10684-2023
Anju Gupta Haryana Shehri Vikas Pradhikaran and others

-- 28.

CWP-2265-2023
Anita 29.

CWP-2372-2023
Renu Bala 30.

CWP-23921-2023
Jagpal 31.

CWP-2528-2023
Ritu Bhutani Haryana Shehri Vikas Pradhikaran and another 32.

CWP-2585-2023
Sumeet Singh Kullar Haryana Shehri Vikas Pradhikaran and another 33.

CWP-2587-2023
Kiran and others .... Petitioners
34.

CWP-7465-2023
Ankit Yadav and another .... Petitioners
35.

CWP-8227-2023
Asha

-- 36.

CWP-9399-2023
Simran and another .... Petitioners
Haryana Shehri Vikas Pradhikaran and another 37.

CWP-2544-2023
Monika Chopra Haryana Shehri Vikas Pradhikaran and others 38.

CWP-2548-2023
Janki 39.

CWP-3053-2023
Malti Sharma 40.

CWP-17830-2022
Harinder Kumar 41.

CWP-8769-2023
Mukesh Saini CORAM: HON'BLE MR. JUSTICE ARUN PALLI
HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Mr. Sukhmandeep Singh, Advocate
for the petitioners in CWP-1417-2023.
Mr. Sajjan Singh, Advocate
for the petitioner in CWP-2423, 2633 and 2372 of 2023.
Mr. Parshant Sethi, Advocate
for petitioner in CWP-2469-2023.

-- Mr. Aryavart, Advocate,
for the petitioner in CWP-1682-2023
Mr. Shubham Saroha, Advocate
for the petitioners in CWP-22063 and 22723-2020.
Mr. Vaneet Soni, Advocate
for the petitioners in CWP-1769, 1897, 1356 and 3171 of 2023.
Mr. Avnish Mittal, Advocate
for the petitioner in CWP-17923-2020.
Mr. Aditya Jain, Advocate and
Mr. Rahul Vohra, Advocate for
the petitioner in CWP-4056, 5853 & 7465 of 2023.
Mr. Ankit Chahal, Advocate
for the petitioner in CWP-2265-2023.
Mr. Vikas Rohal, Advocate
for the petitioner in CWP-10193-2023.
Mr. Vivek Aggarwal, Advocate
for the petitioner in CWP-11367-2023.
Mr. Jitender K. Sehrawat, Advocate
for the petitioner in CWP-8227-2023.
Mr. Vivek Sethi, Advocate
for the petitioner in CWP-1876-2023.
Ms. Lalita Kashyap, Advocate and
Mr.

Namit Khurana, Advocate
for the petitioner in CWP-4594-2023.
Mr. P.K. Ganga, Advocate
for the petitioner in CWP-2587-2023.
Mr. Sunil Kumar Nehra, Advocate
for the petitioner in CWP-2528, 2585 & 9399-2023
Mr. Sanjay Vij, Advocate and
Mr. Uday Vij, Advocate
for the petitioner in CWP-10777-2022.
Mr. Varun Suman, Advocate for
Mr. Gopal Sharma, Advocate
for the petitioner in CWP-3191 and 10684 of 2023.
Mr. Parveen Kumar Rohilla, Advocate and
Ms. Punam Rohilla, Advocate
for the petitioner in CWP-2797-2023.

-- Mr. Ashish Gupta, Advocate with Mr. G.S. Bidhan, Advocate
for the petitioner in CWP-4436-2023.
Mr. Saurabh Goel, Advocate with
Ms. Shivani Sahni, Advocate
for the petitioner in CWP-30192 & 30181 of 2022.
Ms. Sonia Prohat, Advocate for
Mr. Sukesh K. Jindal, Advocate
for the petitioner in CWP-3640-2023.
Mr. Shashi Kant Gupta, Advocate
for the petitioner in CWP-6669 and 23921-2023.
Mr. Sushil Jain, Advocate
for the petitioner in CWP-2548-2023.
Mr. Jasbir Mor, Advocate
for the petitioner in CWP-17830-2022.
Mr. Gaurav Bakshi, Advocate
for the petitioner in CWP-8769-2023.
Mr. Sakal Sikri, Advocate
for the petitioner in CWP-2544-2023.
Mr. Amrinder Singh, Advocate
for the petitioner in CWP-3053-2023.
Mr. Deepak Sabherwal, Advocate
for the respondent-HSVP
(CWP No.

10193, 11367, 1356, 30181, 30192, 3171, 4056, 5853, 8769, 10684, 2265, 2372, 23921, 2528, 2585, 2587, 7465, 8227, 9399 of 2023,17830 of 2022)
Mr. Arvind Seth, Advocate
for the respondent-HSVP
(CWP No. 1417, 1682, 1769, 17923, 22063, 22723, 1897, 10777, 2423, 2469, 2544, 2548, 2633, 2797, 3053, 3191, 3640, 4436, 6669 of 2023)
Mr. P.S. Chauhan, Advocate
for the respondent-HSVP in CWP No. 1876, 4594 of 2023.
Mr. Ankur Mittal, Addl. A.G. Haryana with
Ms. Kushaldeep Kaur, Advocate.
****
ARUN PALLI, J.

- - a common order and judgment. However, the facts are being derived from CWP No.1417 of 2023.
The petitioners have prayed for the following substantive relief:-
"Civil Writ Petition under Articles 226/227 of the Constitution of India with a prayer for issuance of an appropriate writ, order or direction especially in the nature of Mandamus directing the respondents to issue LOI to the petitioners being successful bidder in accordance with Clause 30 of the e-auction policy dated 20.07.2022 (i.e. Annexure P-1) of HSVP and further, declaring the action of the respondents refunding the amount deposited by the petitioners without any rhyme or reason as illegal and against the policy;
AND/OR
To issue a writ of Prohibition restraining the respondents from auctioning the SCO (S64), Sector 12, Faridabad in the e-auction to be held on 28.01.

2023 in furtherance of advertisement dated 12.01.2023."
Learned counsel for the petitioners submits that pursuant to the advertisement dated 10.12.2022 (P-2), Haryana Shehri Vikas Pradhikaran (HSVP) sought to make allotments of residential, commercial and institutional properties in all developed Urban Estates of Haryana by way of e-auction. In terms of the e-auction Policy dated 20.07.2022 (P-1), the petitioners jointly registered for SCO (S64) in Sector 12, Faridabad, and deposited 5% of the reserve price, i.e. Rs.15,23,600/- (plus registration fee of Rs.1000/-). The auction was held on 14.12.2022. For, against the reserve price of Rs.3,04,71,200/-, the petitioners submitted the highest bid at Rs.3,05,01,200/-, they were adjudged H-1. And a formal communication, vide e-mail dated 14.12.

2022, acknowledging the petitioners being the highest bidders, was issued by the respondent authorities.

-
- total bid amount, i.e. Rs.15,26,520/- on 17.12.2022. Thus, the total amount deposited by the petitioners with the authorities was Rs.30,50,120/-. For the petitioners, thus far, had complied with the terms/conditions of the auction and were ready/willing to deposit the balance consideration and perform their part of the contract, they had a legitimate expectation of being formally allotted the said site. However, rather than issuing the allotment letter, the respondent authorities credited the amount deposited by the petitioners in their bank account on 10.01.2023. It is urged that apparently, the action of the respondents was arbitrary and irrational, as neither the petitioners were communicated any reasons for rejection of their bid, nor any formal order was passed by the competent authority. In this regard, he

  




 



 





              

   
    

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Response on behalf of respondents No.1 to 3 was submitted, wherein claim of the petitioners is seriously disputed. In reference to Clause 17 of the Policy (ibid), it is averred that the authorities were well within their right to accept or reject any bid or withdraw any or all the properties from e-auction or cancel/postpone the e-auction, without assigning any reasons. Further, a bare analysis of the Policy indicates that a clear distinction is made between the successful and the highest bidder. For, neither any letter of intent nor a regular letter of allotment was issued in favour of the petitioners, thus, no concluded contract was entered into between the parties. Not just that, the bid submitted by the petitioners was below the reserve price, which was fixed at Rs.3,76,17,500/-.

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- respondent authorities, without prejudice to the rights/interest of the parties and their respective pleadings before this Court, to examine the concerns/grievances of the petitioners. And pass necessary orders, in accordance with law. It is also agreed that before any such orders are passed, the petitioners, as also the other stakeholders, would be afforded a hearing. And the petitioners shall also be at liberty to place any fresh material/documents, if so advised, to support/substantiate their claim, provided the same are submitted within two weeks from the date of this order.  

 
 



  
   



 

  



 






 

   
 




 








 



 

 
And in all those cases where the authorities, despite rejection of the bids and cancellation of auction, have not yet refunded the amount deposited by the petitioners, the requisite amount shall be refunded, along with interest @ 5.5%, from the date the petitioners-applicants were communicated rejection of their bids till realization of the amount. However, t 

 
 



 

 

 









 

 




 
 

 
In the wake of the position sketched out above and the consensus that has been arrived at between the learned counsel for the parties, the petitions are disposed of.

Needless to assert that this order shall not constitute an expression of opinion on the merits of the case of either party, for, as indicated earlier, the competent authority shall examine the grievances of the petitioners, strictly in accordance with law.
(ARUN PALLI)
JUDGE
(VIKRAM AGGARWAL)
JUDGE
12.03.2024
deepak/ AK Sharma







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