JUDGMENT

Tarun Chatterjee, J. —

1. This appeal by way of special leave is filed against an order dated 27th of March, 2001 passed by the Monopolies and Restrictive Trade Practices Commission (in short ‘the MRTP Commission’) in Restrictive Trade Practices Enquiry No.82/97 by which the MRTP Commission has directed the appellants (hereinafter referred to as ‘the Noida Authorities’) to refund to the respondent the excess amount charged from him for allotment of a plot within 6 months from the date of the order passed by the MRTP Commission. Feeling aggrieved, the Noida Authorites have come up by way of a special leave petition, which on grant of leave was heard in the presence of the learned counsel for the parties.

2. In 1993, applications for registration for allotment of plots to institutions including Nursing Homes and Hospitals were invited by a general scheme by the Noida Authorities. In the scheme itself, it was specifically mentioned that the rate shall be the one as prevailing at the time of allotment. The registration money to be deposited along with the application in case of a Nursing Home was Rs.1,00,000/-. Pursuant to such advertisement for allotment of plots by the Noida