High Court of Delhi was dealing with the petition seeking a mandamus to the respondent to allot an alternative parking site to the parking site for which petitioner was found to be a successful bidder pursuant to the notice inviting tender dated 14.08.2020.
Brief Facts:
In this case the Petitioner could not be allotted the parking site for the reason that the site turned out to be a park maintained by the horticulture department and not available for allotment for parking.
Petitioner’s Contention:
Learned Counsel for the petitioner contended that the respondent had considered the petitioner for another alternative site, however even that site has not been allotted.
Respondent’s Contention:
Learned Counsel for the respondent Corporation submitted that the proposal to allot the said site as an alternative site did not find favour with the competent authority for financial reasons. It was submitted that the said site has been put up for auction and shall be handed over to the highest bidder.
HC’s Observations:
After hearing both the sides Court stated that since the site for which petitioner had submitted his bid, pursuant to the NIT dated 14.08.2020, cannot be allotted for parking purposes, no mandamus can be granted to the respondent to allot the said site or an alternative site.
HC Held:
HC Held that “However keeping in view the facts and circumstances of the case, it would be open to the respondent to consider the request of the petitioner that in case an alternative site is found feasible and financially viable, same be allotted to the petitioner and in the alternative if no alternative site is financially viable, the amount deposited by the petitioner along with the bid be refunded forthwith.”
Bench: Hon’ble Mr. Justice Sanjeev Sachdeva
Case Title: Gautam Pathak v. East Delhi Municipal Corporation
Case Details: W.P.(C) 10846/2021
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