Delhi High Court - Orders
Rekha Garg vs Delhi Development Authority on 12 October, 2021
Author: Najmi Waziri
Bench: Najmi Waziri
$~46 (1)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11788/2021 & CM APPL. 36499/2021
REKHA GARG ..... Petitioner
Through: Mr. Sunil Mittal, Sr. Adv. with Mr.
Rajeev Saxena, Ms. Megha Saxena
and Ms. Manya Saxena, Advs.
versus
DELHI DEVELOPMENT AUTHORITY ..... Respondent
Through: Mr. Ashim Vachher, Adv.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 12.10.2021 The hearing has been conducted through hybrid mode (physical and virtual hearing).
CM APPL. 36500/2021 (exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed-off. W.P.(C) 11788/2021 & CM APPL. 36499/2021
3. The petitioner‟s representation has been disallowed by the Delhi Development Authority („DDA‟) in terms of its decision dated 22.09.2021. The rationale for doing so is as under:
"...
Whereas the applicant failed to make payment as per LOI and terms & condition of the E-auction documents. DDA is not at fault and no fault can be attributable to DDA. The applicant has relied on circular Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:16.10.2021 12:34:54 dated 28.6.2020 for claiming issuance of fresh LOI. A perusal of the said circular reveals talks about relief measures due to lockdown in the year 2020, when there was a nationwide lock down due to pandemic, whereas, in the instant case, LOI was issued on 19.2.2021 when there was neither pandemic nor lockdown. Moreover the payment was to be deposited within 7 days i.e by 25.2.2021. Most of the successful H-1 bidders have deposited the amount in time. Hence, no special treatment can be given to Smt. Rekha Garg in allowing her to make a deposit for a plot which was legally and validly cancelled in compliance of the various Terms and conditions of the auction. As the Competent authority has not given any extension of time for making the payment of the 2nd stage EMD after the due date hence, no special treatment can be given to Smt. Rekha Garg.
Now therefore, as the petitioner has not deposited the 2nd stage EMD as per LOI and trems and condition of the E-auction documents, the request of the petitioner is rejected.
...."
4. The petitioner seeks to be treated equally with persons identically placed. However, there is nothing on record to show that she has been treated unequally. The learned Senior Advocate for the petitioner relies upon a sentence in the aforesaid decision to the effect that: „most of the successful H-1 bidders have deposited the amount in time‟. He says that „most‟ does not mean „all‟ and possibly DDA has made some exceptions. In the circumstances, DDA shall look into the matter and if any exceptions have been made, the same would be considered apropos the petitioner.
5. The learned Senior Advocate for the petitioner submits that the e-
Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:16.10.2021 12:34:54auction, as earlier scheduled on 27.9.2021, was not held perhaps to circumvent the court‟s previous order.
6. The land is identitied as plot no.11, Pocket A-3, Sector-29, Rohini, Delhi, was excluded.
7. The court in its order dated 23.09.2021 in W.P.(C) 10797/2021 had directed inter alia as under:
"...
4. An e-auction of the same plot of land i.e. Plot No. 11 Pocket A-3, Sector 29, Rohini, Delhi, is scheduled on 27.09.2021. The last date for registration for the e-auction ends tomorrow - 24.09.2021. About a month's time has been made available to everyone for registration for the proposed e-auction. The petitioner gets only a day's time; it might be difficult for her to arrange for the Earnest Money Deposit ('EMD') for the proposed bid.
5. Without prejudice to her rights and contentions, the petitioner would like to participate in the bid scheduled on 27.09.2021. She requests that the earlier EMD of Rs.7,00,906.20/- (5% of the reserve price of Rs.1,40,16,000/-). be treated as her EMD for the proposed bid.
6. The learned Standing Counsel for the DDA submits that the said EMD already stands forfeited. However, since the petitioner has only a days' time to make arrangements, the learned Senior Advocate for the petitioner submits that the said monies be treated as her EMD for the fresh bid.
7. The case was passed over for the learned Standing Counsel for DDA to obtain instructions. Having done so, he submits that without prejudice to DDA's rights and contentions, the earlier EMD, now forfeited, could be treated as her EMD, to facilitate the petitioner to participate in the fresh bid. Nevertheless, if she is a Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:16.10.2021 12:34:54 successful H-1 bidder, her bid will be processed only if the EMD is paid in advance, in terms of the auction.
8. The learned Senior Advocate for the petitioner submits that the forfeiture of the earlier amount is arbitrary and the amount is to be returned to the petitioner. The petitioner has earlier expressed her readiness and willingness to pay the entire amount in the earlier bid.
9. In the peculiar circumstances of the case, the DDA is directed to treat the earlier EMD (forfeited) as the petitioner's EMD for the fresh bid scheduled on 27.09.2021. The petitioner shall register herself for a new bid by tomorrow, if she so desires. If the petitioner is a successful H-1 bidder, she will have to deposit the EMD and another amount of 20% as per DDA's intimation.
..."
8. The court is informed that the order was subsequently clarified to the extent that there was no consent by DDA. However, the direction that the petitioner‟s Earnest Money Deposit („EMD‟) (forfeited) would be treated as EMD for the fresh bid remained unmodified, and the auction ought to have been held on 27.09.2021. Therefore, the exclusion of the said plot from e- auction needs to be explained by DDA.
9. Furthermore, the learned Senior Advocate for the petitioner refers to this court‟s order which called upon the DDA to take a compassionate view of the matter.
10.This court by order dated 18.08.2021 in W.P. (C) 8657/2021 had observed inter alia as under:
"...
4. The past eighteen months or so have been rather Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:16.10.2021 12:34:54 trying times for many a people, due to the pandemic- related constraints. Therefore, the petitioner seeks to be considered compassionately by the DDA in these extraordinary times. As a special case, the learned counsel for the petitioner seeks that this petition be considered as a representation by the DDA, especially on account of the difficult medical circumstances faced by her.
..."
11.In the circumstances, let DDA look into the matter afresh. It will be open to the petitioner to participate in the next e-auction in terms of the previous orders.
12.Reply and rejoinder, if any, be filed in 4 weeks each, successively.
13.List on 14.04.2022.
NAJMI WAZIRI, J OCTOBER 12, 2021 AB Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:16.10.2021 12:34:54