The Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) has withdrawn the special leave petition (SLP) challenging the Punjab and Haryana high court orders disapproving the allotment of 350 acres in Gurgaon to realty giant M/s DLF Ltd for developing a leisure project.
The DLF and HSIIDC had separately challenged the September 3 order of justice Surya Kant Sharma and justice Anmol Rattan Singh of the high court in the Supreme Court.
The move of the state government-run corporation to withdraw the present SLP and seek permission from the Supreme Court to file a fresh petition assumes significance in view of change of guard in the state.
The SLP challenging the HC order was filed by HSIIDC during the rule of the Congress, which itself had allotted 350 acres to the realty
With a Bharatiya Janata Party (BJP) regime at the helm in Haryana, the new government is learnt to be satisfied with the HC order and does not seem keen to challenge it in the Supreme Court.
Sources said the new government is not keen to become a co-petitioner in the matter. Rather, it would prefer being the respondent in the
“Even if we have to approach the apex court as a co-petitioners, the petition may need to be re-drafted,” officials said.
After the counsel for HSIIDC sought permission to withdraw the petition with a liberty to file a fresh SLP, a three-judge bench of the apex court on November 28 granted the permission.
“The special leave petition is disposed of as withdrawn with the liberty to file fresh SLP,” the order said.
On the SLP filed by DLF, the Supreme Court bench of chief justice HL Dattu, justice AK Sikri and justice NV Ramana, however, ordered that status quo be maintained by the parties. The matter remains pending before the apex
What HC ordered
In its September-3 judgment, the high court said the allotment of acquired land in favour of M/s DLF in February 2010 is disapproved being not transparent, fair, just and reasonable.
The HC, however, upheld the acquisition of the land. “It is held that the subject-allotment neither meets with the ingredients of public interest nor it serves the public purpose of generating or maximising the state’s revenue,” the HC said.
The court directed the state government and HSIIDC to appoint a new project consultant having no conflict of interest and who will have to give an undertaking that no person associated with such consultant, directly or indirectly, will participate in the fresh
“The project consultant shall re-formulate and harmonise the terms and conditions of technical or financial bid in such a manner that the eligibility conditions for bidding do not serve as tailor-made qualifications for one or the other prospective bidder, rather should provide equal level playing opportunity to all the potential and sound bidders so that the bid fetches maximum revenue for the state,” the court said.
The high court ordered the project consultant should be appointed within a month from the date of receipt of copy of this order who shall submit its report for consideration of the competent authority within two months thereafter.
The HSIIDC shall thereafter invite fresh international bidding and finalise the allotment process within six months from the date of receiving report of the consultant.
Till the fresh exercise for allotment is undertaken, the allotment letter in favour of M/s DLF Ltd shall remain in abeyance and shall not be further acted upon by the parties.
The land in question shall for the purpose of fresh bidding remain in possession of the state or the HSIIDC.
If the fresh bids are more beneficial for the purpose of maximising the state’s revenue, the allotment in favour of M/s DLF Ltd shall stand cancelled and the amount received from it so far shall be
However, if the fresh process does not attract any bid better than the earlier bid given by M/s DLF then the state government will be at liberty to revive the allotment to DLF.
The Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) after relaxing various terms and conditions of the project to make it viable had invited fresh international competitive bids for a second time. DLF quoted a bid price of Rs 12,000 per square metre as against the reserve price of Rs 11,978 per square metre.
The two disqualified bidders were a consortium led by M/s Unitech Ltd and another led by a Malaysian entity, M/s Country Heights Holdings Berhad. These two bidders were disqualified in August 2009 on technical grounds.
What it envisaged
An 18-hole golf course as per PGA specifications, residential facilities, including golf villas
Commercial facilities, including hotels, motels and serviced apartments,sports complex, convention centre, food court banking facilities and club houses
The site is located on Gurgaon-Faridabad road and is surrounded by defence radar station and DLF Golf and Country Club. It is in the vicinity of Sectors 42, 53 and 54 of Gurgaon.