2001 (3) TMI 963

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....ive entrepreneurs for allotment of industrial plots of 1, ^1_2 , ^1_ 4. acre at Rs. 750 per sq. meter in the Electronic Hardware Technology Park, Sector 34, Gurgaon. The 1st respondent applied on a prescribed form for allotment of a ½ acre plot. Along with his application he paid a sum of Rs. 1,57,500. 3. On 8-11-1994 the Plot Allotment Committee called the 1st respondent for personal discussion and evaluation of his project report. The 1st respondent attended the personal discussion and discussed the viability of his project with the concerned authorities. Thereafter the appellants asked the 1st respondent to submit his project report to them. The 1st respondent did so. By a letter dated 29-6-1995 the appellants informed the 1st ....

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.... the 2nd respondent and then by the appellants from 1994 onwards, was returned without any interest. The 1st respondent refused to encash the bank draft sent to him. He represented that he had already been allotted a plot and the same should be given to him. As his representation was not considered the 1st respondent filed a complaint under section 12B read with section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 before the Commission. In the course of hearing before the Commission it was discovered that Plot No. 74 which had been allotted to the 1st respondent was 456 sq. mtrs. and not 500 sq. mtrs. 6. The Commission after hearing the parties has passed the impugned order dated 24-12-1998. The Commission has, inter a....

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....e to the 1st respondent, then it should be at the rates now prevailing. He submitted that even if the Court is not willing to direct the 1st respondent to pay the rates now prevailing, the Court should direct payment of some higher rate. In support of this submission he relied upon the case of Haryana Urban Development Authority v. Sunita Rekhi AIR 1989 SC 1637. In this case there has been a sale of large number of plots by the Development Authority. Subsequently, the allotments were sought to be set aside and the plots were proposed to be sold by fresh auction. Majority of the old allottees purchased the plots in the fresh auction at a higher rate. Some of the old allottees did not accept this and filed a writ petition. This Court ultimate....