Back
B. V. NAGARATHNA, UJJAL BHUYAN
Sushil Kamalnayan Bharuka – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
NAGARATHNA, J.
Leave granted.
2. The appellants herein were the writ petitioners in W.P. No.3872/2022 filed before Aurangabad Bench of the High Court of Judicature at Bombay, assailing the cancellation of the auction of Plot No.P-4/2 admeasuring 4800 square meters situated at Chikhalthana Industrial Area at Aurangabad which auction was conducted by the respondent - Maharashtra Industrial Development Corporation Limited (“MIDC”, for the sake of convenience). The said writ petition was heard along with W.P. No.1324/2023 filed by the respondent-Pratik Group. By the impugned order dated 09.08.2023, the Aurangabad Bench of the Bombay High Court observed as under:
15. As far as Writ Petition No.1324 of 2023 is concerned, we are of the view that in view of dismissal of the aforesaid Writ Petition, present Writ Petition can
The integrity of public auctions must be upheld, and cancellations without substantive justification infringe upon the rights of highest bidders.
(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....
Bidders participating in tender process have no other right except right to equality and fair treatment in matter of evaluation of competitive bids offered by interested persons in response to notice....
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 authority has the right to cancel the highest bid and the bids must be competitive. The authority reserves the right to accept or reject any bid without assigning any reason.
A concluded contract arises from an unqualified acceptance of an offer, but acceptance of a refund can imply rescission of that contract, negating any claims for its enforcement.
No vested right is established from bid submission; rejection of bid is valid when corporation ensures public interest and current market rates prevail.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
