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BELA M. TRIVEDI, SATISH CHANDRA SHARMA
Indore Vikas Praadhikaran (Ida) – Appellant
Versus
Humud Jain Samaj Trust – Respondent
JUDGMENT :
Satish Chandra Sharma, J.
1. Leave granted.
2. This present petition is arising out of order dated 08.02.2022 passed in Writ Appeal No. 5/2022, titled as, “Shri Humad Jain Samaj Trust Vs. The State of Madhya Pradesh & Ors.”, passed by the High Court of Madhya Pradesh at Indore. The Division Bench of the High Court has set aside the order dated 17.12.2021, passed by the learned Single Judge in Writ Petition No. 26040/2021.
3. The facts of the case reveal that the appellant Indore Vikas Praadhikaran (IDA), hereinafter referred to as “IDA” issued an advertisement inviting bids for leasing out land admeasuring 3382 sq. meters situated at Scheme No. 74-C, Sector C, Indore, on 17.07.2020 and the terms and conditions were specified in the Notice Inviting Tender (NIT). The reserve price was fixed at Rs. 21,120/- per square meter. The IDA pursuant to the NIT dated 17.07.2020 received three bids and the bid of respondent No. 1- Shri Humud Jain Samaj Trust was the highest as a bid of Rs. 25,671.90/- per square meter was offered in the matter. The bids were opened on 09.09.2020. The Tender Committee while it was finalizing the bids noticed that in respect of the land in question, a prop
No vested right is established from bid submission; rejection of bid is valid when corporation ensures public interest and current market rates prevail.
(1) Allotment of Industrial Plot – Ordinarily, when large areas of industrial land are auctioned, overall price would be separately assessed as compared to smaller plots – Merely because selling pric....
The highest bidder is not entitled to the issuance of a Regular Letter of Allotment unless the bid is accepted by the competent authority. The rejection of the bid by the competent authority must be ....
Point of Law - Once State decides to grant any right or privilege to others, then there is no escape from rigour of Article 14.
The highest bidder in an auction does not have a vested right, and the authority has the discretion to cancel bids in the interest of public revenue.
The decision to reject the bids was found to be arbitrary, capricious, and in violation of Vyayan Niyam, leading to the setting aside of the Resolution and NIT.
The tendering authority can cancel a tender for a single bidder if it serves public interest by ensuring greater competition.
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