B. Sudershan Reddy JUDGMENT
B. Sudershan Reddy, J.
1. Leave granted.
2. Both these appeals can be dealt with under a common judgment since one and the same issue requires to be decided. The brief facts relevant for the purposes of disposing of these appeals may be stated.
3. Association of Management Studies (for short 'AMS') is a Society registered under the provisions of the Societies Registration Act, 1860. It is stated to be managing various educational institutions imparting education such as MBA, MCA, Engineering etc., the details of which are not required to be noted.
4. Meerut Development Authority (for short 'MDA') has been constituted as an Authority called as the Development Authority by the U.P. State Government under Section 3 of the Uttar Pardesh Urban Planning and Development Act, 1973. The said Act, has been enacted to provide for development of certain areas of Uttar Pardesh according to plan and for matters ancillary thereto. The main object and reasons for the enactment was to tackle resolutely the problems of town planning and urban development in the State of Uttar Pardesh.
FACTUAL MATTERS:
5. On 12.05.2000, MDA allotted a plot of land admeasuring 20,000 sq.mts. situated in Pocket ''O'' Ganga Nagar Residential Scheme at the rate of Rs. 560/- per sq.m. to AMS for construction of buildings meant to be utilised for educational purposes. The reserved price has been fixed in terms of G.O. dated 19.04.1996 which provides that plots for educational institutions/engineering colleges shall be sold at 50% of the sector rate. The AMS has requested to allot an additional land of 20,000 sq mts. and 37,000 sq. mts. in Ganga Nagar Residential Scheme for establishment of engineering college and other degree colleges, e.g. masters' course such as MBA, MCA etc. It is noteworthy that the land use of the above mentioned land in the Meerut Master Plan 2001 has been shown as 'Residential medium Density'. The MDA having considered the request and other relevant factors resolved to invite tenders from interested persons to allot the land admeasuring 20,000 sq.mts. and another extent of land admeasuring 37,000 sq. mts. located in the said residential scheme available to be utilised for educational use. The reserved price has been fixed at Rs. 690/- per sq.m. for 20,000 sq.mts. and for the remaining extent of 37,000 sq. mts. of land at Rs. 500/- per sq.m.; both being 50% of sector rate.
6. MDA issued advertisement inviting tenders in respect of several plots meant for educational institutions within various residential schemes including the aforesaid two plots in Ganga Nagar. The tenders were required to be submitted on 18.08.2001. In response to the advertisement inviting tenders AMS submitted its tender @ Rs. 500/- for the plot of land admeasuring 37,000 sq. mts. and Rs. 560/- for the plot admeasuring 20,000 sq. mts. The MDA having considered the tenders so submitted informed AMS vide letter dated 3rd September, 2001 that the commercial offer @ Rs. 560/- per sq. m. was less than that of the reserved rate of Rs. 690/- per sq. m. in respect of 20,000 sq. mts. of land, out of the reserved 57,000 sq mts. of land meant for the engineering coll........