WriS Petition No. 566S of 20S5 Petitioner Respondents 1. 3. D.S. Dhilion, aged about 50 years, son of iats Shri S. Ajaib Singh, Civil Construction Work, B-14, Sector-2, Devendra Nagar, Raipur (CG). Versus Nationai Textiie Corporation (MP) Limited, through %s Generai Manager, NTC House, 27, Yashwani Niwas Road, !ndore(MP). The Asset Sale Committee of NTC (MP) Limited, Constituted under the orders °of B!FR, through its Chairman and Managing Dsrector, Nationsl Texiite Corporation Limited, Core-IV, Scope Compiex, iV, -7, Lodhi Road, New Deihi 110003. Shri K.P. Sharnna, Officer on Speciat Dut/, Benga! Nagpur Cotton Miils, Rajnandgaon (CG). The 'Jnion of hdia, through the Secrstary, Govt. <?f india, through the Secrsfsry, Govt. of India, Ministry of Textiies, Udyog Bha\van, Rafi Marg, New Deihi 1 5. Ms. Shsn Zen properties Privaie Limited., H.R. 15, Sharma Market, Pul Pehiadpur New Dsi'hi 110044 through its Managing Director, Shri Rajeev Agrawai. {Writ Petition under Artlcle 227 of Constitution of india) SB: Hon'ble Mr. Satish K. Agnihotri, J. Present: Mr. P.K.C. Tiwari, Sr. Ad'/ocate with Wr. Shashi Bhushan, Advocate for the petitioner. Mr. N.K. Vyas, Advocate for the respondents No. 1 to 3. ?i4r. Raieev Shrivastava, Advocate forthe intervenor !ndian Pouitry Farm, Rajnandgaon. IVir. B.P. Sharma. Advocate with Mr. K. Sharma, Advocate for the Intervenors - Crescent Landcon Pvt. Ltd. & Ws. Dilip Consfruction Co., Raipur. Mr. Sanjay K. ^rawal, Advocate with Mr. Sourabh Sharma, Advocate for the Intervenor Municipai Corporatlon, ORAL ORDER (Passed on this 14th day of January, 2009) Bythis petition, the petitioner seeks the foliowing reliefs: "7.1. That, entire records of the respondents relatlna to tender be cailed for Derusal. 7.2. That, to issue writ direction or order in the nature of mandamus or as deemed fit for quashing the decision of the respondents No. 1 and 2 to accept the tender of any other person than the petitioner without negotiating with the remaining two tenderers includsng the petitioner. 7.3. That, to issue a writ, direction of order in the nature of mandamus or as deemed fit to resoondent No.1 and 2 to dispose off the land of Bengai Nagpur Cotton fi411i, Rajnandgaon by open and transparent negotiations or by a re-tender or in any other fair and trsnsparent mode giving fui! opportunity to the petitioner to remove the officer. 7.4 Cost of the Detition be allowed. 7.5 That, any other writ, order/direction as deemed proper in facts and circumstances of the case may kindiy be granted." 2) The indisputable facts, in nutsheil, as projected by the petitioner are that the respondent No.l/National Te)dile Corporation in compliance of the rehabiiitation scheme of the Corporation as formulated by BIFR invited the tenciers for saie of the land of sick mli! at Rajnandgaon. One of five sick miiis is iocated at Rajnandgaon. The tender notice was issued in the newspaper (Annexure P/1 ). The tenders were to be submitted on or before 10-8-2005. On 10-8-2005 the tenders were opened. The highest tender of the petitioner was for a sum of Rs.2,63,00,000/'-. The tender of the respondent No.5 was for a sum of Rs.1,67,00,000/- and as such they were granted ,'~ 'l ('—• • ^ '" ~ I, ••^^.s'-^ % ''^ 1 ^^ opportunity for submission of improved offers offered by the tenders. The improved offers submitted by the parties are as under: ! S.No. I Name ofthe Bidder Tender Bld Amount Rs. M/s. Exclusive 11,65,00,000/- Builders & 12 Shenzhen | 2, Properties Pvt. Lid., | 3. I Shri D.S. Dhilton, 1 2,75,00, 1 Raipur | Earnest money Deposit Rs. 50.00.000/- 50.00.000/- 50,00,000/- M/s. Exciusive Builders and Deveiopers, New Delhi withdrew its offer and partidpation In the tender process. The respondents/Authoritles proceeded with negotiation »vith respondent No.5 by holding the meeting on 9-11-2005, without any informstion to the petitioner. Being aggrieved, the petitioner fiied this petition seeking for above stated reliefs. 3) On 17-4-2006 this court passed the foilowing order. "!t is expected thst when the public authoritles part vrfith their iargesse, they shouid get maximum retum. !n that view of the matter and havina regard to the controversy brought before the Court, ! think it is appropriate to auction and in order to give quietus, i think it is just and appropriate to auction the land which is the subiect matter of thls writ petition in an auction tobe conducted by this Court itself on 11-5- 2006." Being aggrieved, fhe respondent No.1 preferred a Special Leave Petition belng SLP (C) No. 8860 of 2006 before the Supreme ^,;(-^,..'^s " \ Y^ •^c; /" / )2N -/ Court of India. The Supreme Court after hearing ail th&^parties dlsmissed the Specia! Leave Petition on 15-12-2006 and the stay order dated 10-5-2006 passed by the Supreme Court in the above stated SLP was vacated. 4) This Court thereafter passed the following order on 15-11- 2007. "In view of the above, Shri R.S. Sharma, Registrar (Vigilance) of this Court is authorized to conduct the auction proceedings so that it may be concluded within a period of two months from todav. The persons interested in participating in the auction wiil comply with the auction requirements of depositing earnest money i.e. Rs.50,00,000/- (Fifty lacs), as determined earlier. The respondents No. 1, 2 and 3 are directed to cooperate with the Officer, authorteed for the purpose and to make al! necessary and incidental arrangements for conduction of the auction proceedings. They shal! also make arrangements for wide publicity of the auction by publishing the auction notice in iocal as wei' as in national newspapers, in consutetion with the Officer, appointed by this Court. The expenses have to be made by the respondents No. 1, 2 and3. A copy of this order be served upon Shri R.S. Sharma, Reaistrar (Viailance) of this Court." 5) Registrar (Vigilance) conducted the auction proceedings, in accordance with law and heid auction on 3-1-2008 that M/s Indian '^.J?- Pouitry Farm, Rajnandgaon, being Siighest bidder for a sum of Rs. 12.51 crores, was declared as auction purchaser. 6) This Court, bv order dated 19-3-2008 directed that amount of Rs.12.51 crores deposited by the auction purchaser M/s. indian PouStry Farm, Rajndngaon as well as arnount of Rs.50 iac each deposited by the Interveners - Cresent Landcon Pvt. Ltd., Deihl & M/s. DiliD Construction Co., Raipur, be deposited in anv "interest ?"*'* i Bearing Account" of any nationalized bank, until further orders. 7) At the time of final hearing, Mr. B.P. Sharma, Advocate appearing for Intervenors Cresent Landcon Pvt. Ud. & M/s. Dliip Construction Co. Raipur, who had fi!ed an objection eariier in tiris Court with regard to procedure of present auction, filed an application being I.A.No.17 stating that Dilip Construction Company, Raipur, stood second highest bidder and at this moment, Diiip Construct Company, Raipur, is not interested in the proceeding pending before this Gourt. It was further prayed that the RegisSry of this Court to refund the amount of Rs.50,00,000/- deposited towards esmest money by Dilip Construction Company, Raipur,for participatlng in the auction process. Cresent Landcon Pvt. Ltd., aiso fited similar appiication on 15-12-2008. Both the applications are ordered as prayed for. 8) Learned counse! appearing for petitioner and respondents categoricaliy stated that they have no interest in the dispute as on now. Thus, the dispute may be settled in terms of the auction report on auction held on 3-1-2008. /• '-*- !n vlew ofthe foregoing, nothing survives for adjudicationln'the matter. The hlghest bid of Rs.12,51,00,000/- vvas more than two times of amount of the vatuatson report submitted by the two valuers regarding the auction property. Thus, this court is satisfied that the offer of the highest bidder is just and proper. The auction report submitted by t'ne Registrar (Vigilance) is accepted and the same shait be confirmed. Accordingly the Registry of this Court may be released the earnest money i.e., Rs.50,00,000/- (Rupees lacs) each deposited by Dilip Construction Company, Raipur, and Cresent Landcon Pvt. Ltd., Delhi with interest in their favour and also the auction amount of Rs. 12.51 crores with interest pending with the RegisSry shaii also be reieased in favour the respondent No.1 - National Textlie Corporation. 10) In view of the above, this petition is disposed of. Consequentiy, pendina aDDlications, if anv, a!so stand disoosed of. ^^-" ^EliU