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As per case facts, the Petitioner participated in an e-auction for a nursing home site, became the highest bidder, and after the bid was accepted and an agreement to sell
...executed, deposited the full consideration amount. Despite this, the Respondents unilaterally cancelled the bid contract and agreement to sell, citing that the bid amount did not reflect market trends compared to an adjacent plot. The Petitioner argued that after a concluded contract and full payment, the Respondents had no power to cancel, and that the power to review auction bids must be exercised before bid acceptance, not after an agreement to sell. The question arose whether the Respondents, having accepted the bid, executed an agreement to sell, and received full payment, could unilaterally cancel the contract on the grounds of a perceived lower market value, or if they were bound by principles of promissory estoppel and legitimate expectation. Finally, the High Court found merit in the petition, ruling that the power to cancel the bid was to be exercised before bid confirmation, not after a valid agreement to sell was executed and contractual obligations discharged. The Court held that the State is bound by its promises under Article 299 of the Constitution and principles of legitimate expectation and promissory estoppel, especially after a concluded contract with full payment. Thus, the impugned cancellation was quashed, and the petition allowed.
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