Law:

Section:

Bidder-- ----Open auction of plot--Successful bidder--Requisite acceptance letter was not issued by CDA--Terms and conditions of auction--Nomala fides to CDA--Request for refund was granted by Court--CDA was statutory organization and has to act in public interest--Validity--If appellant was permitted to retain his 'rights' in respect of plots, having paid only 25% of price, it would give him an undue benefit/advantage at cost of public, as value of money has historically depreciated whilst value of land has increased--Supreme Court can also take judicial notice of fact that land prices have increased exponentially--CDA had accepted order that was passed and had remitted amount paid by appellant--Appeal was dismissed. THIS JUDGMENT DELIVERED BY: Qazi Faez Isa, J.- This civil appeal assails the order dated 16th February 2004 passed by a Division Bench of the Rawalpindi Bench of the Lahore High Court in Intra Court Appeal ("ICA") No. 21 of 2004 that had been filed against the order dated 16th January 2004 passed by a learned Single Judge in Writ Petition No. 1846/2003 (hereinafter "the petition"). 2. That in the petition it was alleged that the appellant had participated in an open auction of plots held by the Capital Development Authority ("CDA") on 18th November 1999 and was declared to be the successful bidder in respect of Plot Nos. 17-A and 18, Orchard Farms, Main Murree Road, Islamabad (hereinafter "the plots") and paid an amount of 25% towards the price of the plots, respectively an amount of Rs.4,650,000/-for Plot No. 17-A and Rs.5,850,000/- for Plot No. 18, i.e. a total amount of Rs. 10,500,000/-. 3. The grievance of the appellant in the petition was that the requisite acceptance letter was not issued by CDA (the respondent in the petition) and the following prayer was made therein: "In the circumstances, it is, therefore, humbly prayed that the Hon'ble Court may graciously be pleased to direct the respondent to perform its duties in accordance with law and be directed to hand over the vacant and quiet possession of the plots to the petitioner. Any relief which this Hon'ble Court deems fit and proper in the circumstances of the case may graciously be…

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