( 1 ) THE petitioner is seeking direction against the respondent to withdraw letter (annexure-P) dated 13. 10. 1995 with further direction to allot to it C. S. C. Plot No. 6, Sector 15, Rohini, New Delhi at the auction rate i. e. taking the bid amount divided by the area of the plot announced at the time of auction.

( 2 ) THE admitted facts are that in July, 1994, the respondent announced the auction of Convenient Shopping Centre Site No. 6, Sector 15, Rohini, New Delhi measuring 1285. 51 sq. mts. , which was to take place on 26. 8. 194 at 11. 30 a. m. at D. D. A. Auction Hall, Vikas Sadan, I. N. A. Market, New Delhi. The user prescribed was shop-cum- office. The auction took place on the specified date as per the terms and conditions of auction annexure-B. The petitioner was declared the highest bidder at a premium of Rs. 24,35,000. 00. Clause 2 (vii) of the terms and conditions of auction inter alia provide that the size of the plot announced by the respondent was only approximate; and the highest bidder shall have to accept variation upto 15% either way in the area of the plot subject to the payment or refund as the case may be of the amount of premium, for su