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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARUN PALLI, VIKRAM AGGARWAL
Nisha Taneja – Appellant
Versus
Hsiidc – Respondent
JUDGMENT :
Vikram Aggarwal, J.
For, the issue involved is identical in both the writ petitions, they shall be disposed of by way of a common judgment. The facts are primarily being derived from CWP-20393-2024, though reference to the facts of CWP-20482-2024 shall also be made wherever necessary.
2. The petitioner prays for the issuance of a writ of certiorari quashing the order dated 22.03.2023 (Annexure P-7) and order dated 24.03.2023 (Annexure P-9), vide which the bid submitted by the petitioner for an industrial plot was not accepted and the earnest money deposited by her was ordered to be refunded. The petitioner also seeks that the respondents be restrained from further auctioning/allotting Plot No.20, measuring 500 sq. mtr. situated in Sector 15, Industrial Estate, Dharuhera (for short the "the disputed plot") to anyone else.
3. The facts, in brief, are that pursuant to e-auction announced in September, 2022 for the allotment of industrial plots at Dharuhera, District Rewari, the petitioner participated in the e-auction. Registration for the same was to start from 18.10.2022 and was to continue till 16.11.2022. The tentative date of start of e-auction was stated to be w.e.f. 30.1
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 ....
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 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....
Point of Law - Once State decides to grant any right or privilege to others, then there is no escape from rigour of Article 14.
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.
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.
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