Judgment

R.C. Lahoti, J.-A plot bearing number 13 of site No. 58 on Kalkaji Road, Delhi admeasuring 162 sq. mtrs. with two sides open was put to auction on 5.2.1985 holding it out to be a developed plot by Delhi Development Authority. The respondents made a bid of Rs. 3,25,000/- which was the highest. The officers conducting the sale knocked down the bid in favour of the respondents. With the fall of hammer, the respondents deposited an amount of Rs. 81,250/- being 25 per cent of the bid amount. The authority competent to accept or not the bid was the Vice-Chairman of the DDA before whom the papers were placed. It appears that a public interest litigation was filed by a third party laying challenge to the auction ‘complaining that the plot was situat­ed in green-belt and therefore could neither have been treated as a developed plot nor put to auction for any purpose other than use as a green-belt. The High Court had issued an ad-interim writ staying the auction. The interim order though passed earlier was brought to the knowledge of the Vice-Chairman, DDA after the authority had signed its approval of the bid on the file. The authority then stayed its hands in view of the High Court