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2022 Supreme(Del) 611

SUBRAMONIUM PRASAD
SURJEET DHALL – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sajal Manchanda.
For the Respondent: Mr. Sanjay Katyal.

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. The instant writ petition under Article 226 of the Constitution of India has been filed by the Petitioner with the following prayers:

    “(a) Set aside the order of the Respondent dated 27.12.2019 wherein the bid of the Petitioner has been cancelled and Rs. 1,69,60,750/- paid by the Petitioner as EMD has been forfeited.

(b) Direct the Respondent to refund the entire Earnest Money Amount deposited by the Petitioner along with interest @ 15% per annum.

(c) In alternative direct the Respondent to allot an alternate plot of the same size and in the same area in which the Petitioner had been declared as a successful bidder in the e-auction and while doing so, the entire amount already paid by Petitioner in 2019, along with the interest accrued thereon, may be adjusted against the premium of the alternate Plot to be allotted.

(d) Pass any other order and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”

2. The facts, in brief, leading to the instant petition are as under:

    (i) It is stated that the Petitioner/bidder participated in an e-auction conducted by the Respondent/DDA on 14.01.2019 in respect

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