SC Bench further added that,”The public notice was for 558.53 hectares. How can you give only 141.76 hectares and say it is the duty of applicant (firm) to verify this”.
Supreme Court has castigated Haryana Govt. by stating that,”You cannot go on “making fool” of the people and blame them for everything just because you are in power”.
Supreme Court rapped Haryana Government for auctioning 558.53 hectares of land for mining purposes, though the available area was only 141.76 hectares.
Apex Court Bench comprising Justice Madan B Lokur and Justice Deepak Gupta expressed displeasure over a public notice issued by State was for auctioning of 558.53 hectares when only 141.76 hectares of land was available.
SC Bench stated that,”Petitioner firm was entitled to a refund of the deposited amount, the top court directed the state to refund the money the firm along with 9 per cent interest per annum from the date of deposit till the date of payment, keeping in view the “vast discrepancy” of area mentioned in the advertisement and area of land made available”.
Supreme Court pointed out in its order that the firm had refused to take possession of the area sought to be auctioned by the state in Karnal district.
Counsel for Haryana submitted that it was duty of the company to ascertain whether the land was actually 558.53 hectares, an annoyed bench said that it is very easy to blame the citizens for everything just because you are in power”.
SC Bench stated that,”You cannot go on making fool of the citizens like this. You are the state and it is your responsibility to ensure that what was advertised should be given”.
Apex Court bench after going through the clause, stated that it was “quite clear” that there was no requirement on the prospective bidder to survey the area for the purpose of measurement.
“The prospective bidder can make an assessment for the potential of the area for which bids are to be offered,” it said, while setting aside the Punjab and Haryana High Court’s June 2016 order which had dismissed the plea filed by the firm in this regard.
Company had approached Supreme Court challenging the High Court’s order.