LexNEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY & ANR. versus ARVIND SONEKAR
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[2008] 6 S.C.R. 241 ~ NEW OKHLA INDUSTRIAL DEVELOPMENT A AUTHORITY & ANR. v ARVIND SONEKAR (Civil Appeal No. 5514 of 2001) APRIL 10, 2008 B [TARUN CHATIERJEE & HARJIT SINGH BEDI, JJ.] Monopolies and Restrictive Trade Practices Act - ss. 10 (a)(i)(1), 36A and 13 - Scheme of allotment of plot by Naida c Authorities - Allotment letter to applicant in 1993 - Allotment @ Rs. 36001- per sq. mtr. - Deposit of 20% allotment money at the said rate - Petition by applicant alleging restrictive trade practices and unfair trade practices and seeking benefit of old rate-Rs. 27501- per sq. mtr. - Upheld by MRTP Commission D directing the Authorities to refund the excess amount charged .l - Sustainability of - Held: Not sustainable since contract was concluded by execution of lease deed wherein rate was Rs. 36001- per sq. mtr. - In the affidavit by applicant also same rate was given - Applicant was not discriminated - Doctrine of E legitimate expectation was also not applicable - Earlier offer letter of 1993 to the applicant for allotment of plot@ Rs. 27501 - per sq. mtr. could not be treated as a concluded contract, thus it was not an allotment letter. In 1993, the appellant-Neida Authorities invited F • 't applications for allotment of plot to Nursing Homes and Hospitals. Under the Scheme, it was mentioned that the rate would be as prevailing at the time of allotment. The rate was Rs. 2750/- per sq. mtr. The respondent submitted the application with the registration amount of Rs. G 1,00,000/-. On 21.12.1993, the appellant issued letter to the respondent asking him to pay certain amount but he did not deposit the amount. On scrutiny, the proposed site for allotment was not cleared. The appellant refunded the 241 H 242 SUPREME COURT REPORTS (2008) 6 S.C.R. A registration amount and the respondent accepted the same. In 1996, the appellant issued a fresh allotment letter and the allotment rate was Rs. 3600/- per sq. mtr. Respondent deposited 20% of allotment money, @ Rs. 3600/- per sq. mtr. Thereafter, the respondent filed B affidavit before the Authorities stating that he accepted the terms and conditions of the offer letter as also the rate at which allotment was to be made. In the Lease Deed executed in favour of respondent also along with the terms and conditions of allotment, the rate of land was @ C Rs. 3600/- per sq. mtr. Respondent filed petition under ss. 10 (a)(i)(1 ), 36 A and 13 of MRTP Act before the MRTP Commission alleging that the action of the appellant was restrictive trade practices and also unfair trade practices. He also sought benefit of old rate Rs. 2750/- per sq. mtr as 0 extended in case of other applicant. MRTP Commission allowed the petition directing the Naida Authorities to refund the excess amount paid by the respondent which was the difference of money between Rs. 3600/- per sq. mtr. and Rs. 2750/- per sq. mtr., to him. Hence the present appeal. E Allowing the appeal, the court HELD: 1.1 The order of the MRTP Commission cannot be sustained. It was clearly in error in granting relief to the respondent. The impugned order of the MRTP F Commission is set aside and the petition filed before the MRTP Commission by the respondent is rejected. [Para 11] [252-A, B] 1.2 The respondent having accepted the refunded G money without raising any objection could not turn around and say that the offer letter of 1993 was an allotment letter and therefore, it was a concluded contract between the parties. Perusal of the said letter would not show that it was an allotment letter. By this letter, a plot of land was only·offered to the respondent and there is H •. ,. ) NEW OKHLA INDUS. DEVELOPMENT AUTHORITY & 243 ANR. v. ARVIND SONEKAR nothing on record to show that the said offer letter had A culminated into an allotment letter. Therefore, it is difficult to conceive that the earlier offer letter@ Rs. 2750/- per sq. mtr. had culminated into a concluded contract and the lease deed ought to have been executed @ Rs. 2750/- per sq.intr. as that was the offer of the Noida authorities in the B year 1993. That apart, after accepting the rate of the land at Rs. 3600/- per sq. mtr. and executing the lease deed at the accepted rate and after having already paid in terms of the offer letter, it was not open to the respondent to allege that in view of the earlier concluded contract, he c was liable to pay@ Rs.2750/- per sq. mtr. in respe
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