SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2026 Supreme(SC) 28

B. V. NAGARATHNA, R. MAHADEVAN
Golden Food Products India – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellants : Siddharth Praveen Acharya, Aditya Bhati, Lakshay Sharma, Bhuvnesh Vyas
For the Respondents: Malak Manish Bhatt, Neeha Nagpal, Sukanya Joshi

Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  1. Allotment of Industrial Plot and Price Assessment: When auctioning large areas of industrial land, the overall price is typically assessed separately from smaller plots. A higher bid per square metre for smaller plots does not necessarily imply that a similar high price is expected for larger plots. The reserve price for both smaller and larger plots was fixed uniformly, and the comparison of prices across different plot sizes is irrelevant for the validity of the bid (!) (!) .

  2. Legitimacy of Bids and Right to Allotment: A bid that meets the reserve price and is declared the highest bidder generally crystallizes future rights and obligations, including the right to receive an allotment letter. The auction process, once conducted lawfully and without fraud or collusion, creates a legitimate expectation of allotment. Arbitrary cancellation based on extraneous considerations is unlawful (!) (!) .

  3. Arbitrariness and Validity of Cancellation: Cancellation of a bid must be based on valid, rational reasons directly linked to the auction process. Using unrelated factors such as comparison with smaller plots or expected higher bids in future auctions as grounds for cancellation is arbitrary and not permissible. The decision to discard the highest bid should have a clear nexus to rational considerations (!) (!) (!) .

  4. Procedural Fairness and Natural Justice: Cancellation of a bid without issuing a show-cause notice or providing an opportunity for hearing violates principles of natural justice. Returning earnest money alone does not legitimize an arbitrary cancellation or negate the bidder’s legitimate expectations (!) (!) .

  5. Consistency and Non-discrimination: The authority's treatment of bids must be consistent. Selective cancellation or unfavorable comparisons with other plots, especially when those plots were allotted at prices only marginally above reserve prices, indicates arbitrariness. The auction process and its outcome should be fair and non-discriminatory (!) (!) .

  6. Legal Obligation to Issue Allotment: Once a bidder is declared the highest and their bid is above the reserve price, the authority is under a legal obligation to issue the allotment letter. The absence of such issuance, especially after the bid is accepted, and the subsequent arbitrary cancellation, infringe upon the bidder’s rights (!) (!) (!) .

  7. Limits of Judicial Review: Judicial review of auction cancellations is confined to examining whether the process was lawful, non-arbitrary, and free from fraud or collusion. Arbitrary cancellations based on extraneous considerations are subject to judicial correction (!) (!) .

  8. Finality of Authority’s Decision: The decision of the authority in matters of allotment, especially when explicitly stated as final and binding, must be respected unless shown to be unlawful or arbitrary. However, this does not permit arbitrary cancellations without valid reasons (!) .

  9. Remedy and Direction: If the auction process is found to be lawful and the bid valid, courts may direct the authority to issue the allotment letter and conclude the process accordingly. Cancellation without valid grounds warrants setting aside the cancellation and reinstating the bidder’s rights (!) .

  10. Cost Implication: Each party bears its own costs in the proceedings (!) .

Would you like a specific legal analysis or advice based on these key points?


JUDGMENT :

B.V. NAGARATHNA, J.

1. Leave granted.

2. The present appeals have been filed against the following impugned final orders passed by the Allahabad High Court:

    (a) Final order dated 24.05.2024 passed in Writ C No. 17883/2024 (for short “Impugned Order No. 1”).

    (b) Final order dated 15.07.2024 passed in Writ C No. 20059/2024 (for short “Impugned Order No. 2”) whereby the High Court dismissed the aforesaid writ petitions.

3. In brief, the facts of the case are that the Ghaziabad Development Authority (“GDA”) -respondent No. 2 herein had advertised the allotment of various plots through an auction dated 25.08.2023, including an industrial plot bearing Plot No. 26, Madhuban Bapudham Yojana, Ghaziabad, measuring an area of 3150 square metres (“the plot” in question). The auction was conducted through a two-bid system - a ‘technical bid’ and a ‘financial bid’.

4. On 02.02.2024, the appellant submitted separate technical and financial bids. In the financial bid, the appellant submitted an offer of Rs. 25,920/- per square metre, and deposited a demand draft of Rs. 80,64,000/- as earnest money. On 14.03.2024, the GDA - respondent No. 2 notified the appellant that their technical bid had be

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top