AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioner No.1 present in person submits that the Jodhpur Development Authority had issued notice for public auction for commercial plot in various sectors in Vivek Vihar Yojana vide auction notice dated 02.01.2014. The petitioners participated in the auction of commercial plots of Block D/100/4 of Sector D, which was conducted on 31.01.2014 and they were declared successful bidders for Plot No.D/100/4 and 1/4 of the bid amount was deposited by the petitioners with the respondents on that very day and the Secretary issued an acceptance letter to the petitioners on 29.04.2017 directing them to deposit the remaining 3/4 of the amount as per the highest bid submitted by them.
The petitioners deposited 3/4 amount by demand draft on 27.05.2014 and pray for issuing lease deed in favour of the petitioners and also hand over the physical possession. They obtained physical possession on 17.09.2014 and the lease rent amount was also deposited with the Jodhpur Development Authority. However, the lease deed was not executed by the respondents and vide order dated 11.07.2017, the respondents decided to cancel the proposed scheme in Block-D of Sector-D of Vivek Vihar Yojana to be utilized for establishment and shifting of High Tension Electric Line of 220 KV. Upon having knowledge of the decision, the petitioners submitted their protest and thereafter preferred this writ petition praying to quash the order dated 11.07.2017 and to direct the respondents to issue the lease deed.
Alternatively, it was prayed that if the lease deed is not possible to be executed, the respondents be directed to refund the amount paid by the petitioners Rs.16,43,908/-, which is bid amount and the lease deed of rent amount deposited by him. The petitioners also pray for interest on the aforesaid amount at the rate of 18% per annum.
After notices having been served, a counter-affidavit has been filed by the Deputy Commissioner, Jodhpur Development Authority, Jodhpur, wherein it has been stated that the plots could not have been allotted as per the mandatory guidelines issued by the Electricity Department i.e. Jodhpur Vidhyut Vitran Nigam Limited at therefore, the respondents are required to refund the amount deposited by the petitioners provided that the petitioners are ready.
Petitioner No.1 further submits that in terms of the counter affidavit, the respondents be allowed to refund the amount. However, learned counsel for the respondents submits that the interest demanded by the petitioners be reduced.
I have considered the submissions and find that the Jodhpur Development Authority, at the initial stage itself has wrongfully initiated auction proceedings and the amount received by them from the petitioners as highest bid was required to be returned immediately after they learnt of the plot falling under the electricity over lines. The said amount have not been returned back timely and, therefore, interest would accrue on the said amount. The possession of the plot and allotment thereof is impossible in the circumstances.
Accordingly, the alternate prayer made by the petitioners is allowed and the amount of Rs.16,43,908/- along with interest at the rate of 18% per annum from the date of deposit till actual payment, shall be paid by the respondents to the petitioners. The amount shall be released forthwith but not later 10 days from today. If the said amount is not paid within the aforesaid period, additional cost of this writ petition of Rs.1,00,000/- shall also be paid to the petitioners. The plot shall be deemed to be released. It is made clear that if the plot is utilized for commercial purpose in future, the petitioners would be free to claim possession on the amount of original bid.
The present writ petition is allowed.