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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Mahavir Singh – Appellant
Versus
Haryana Shehari Vikas Pradhikaran – Respondent
JUDGMENT
G.S.Sandhawalia, J.
The present judgment shall dispose of 14 cases i.e. 13656, 14587, 14589, 13343, 13362, 13366, 13580, 13587, 13599, 13638, 13682, 13633, 13707 and 13820 of 2023 since the issue in consideration is common. Facts have been taken from CWP-13656-2023, Mahavir Singh v. Haryana Shehari Vikas Pradhikaran and others whereby affidavit has been filed on behalf of the respondents and pleadings have been completed. The factual matrix in essence being the same, the said judgment would be applicable to all the cases as the principle of law being common.
2. The relief sought in the present writ petition is for quashing the e-auction which was sought to be fixed for 27.06.2023 whereby, the reserve price of the booth in question bearing Booth No.128, Sector 57, Gurugram-II was fixed at Rs.97,79,000/-. The challenge was on the ground that in an earlier e-auction held on 19.01.2023, the petitioner had auctioned for the said property at Rs.1,33,44,800/- and being the highest bidder, he should have been declared successful. The action of refunding the amount deposited by the petitioner was stated to be without any rhyme or reason and illegal against the e-auction policy dated
The highest bidder at public auctions only has a right of consideration and is subject to evaluation against the reserve price. No concluded contract comes into being until the bid is accepted by the....
No vested right is established from bid submission; rejection of bid is valid when corporation ensures public interest and current market rates prevail.
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 ....
A bidder cannot claim EMD refund due to an inadvertent error in a bid amount when sufficient safeguards exist in the bidding process to prevent such mistakes.
The BDA has the authority to reject bids in e-Auctions without justification, as per its Rules, and such discretion is not subject to judicial review unless proven arbitrary.
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.
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