Public Authority Must Compensate Successful Applicant For Investments Made Under LOI If Cancellation Is Due To Its Own Fault: Allahabad High Court
- Case
- Not stated in the source
- Court
- Allahabad High Court
- Bench
- Not stated in the source
- Citation
- Not stated in the source
- Source
- Verdictum
The Allahabad High Court directed Hindustan Petroleum Corporation Limited to reimburse ₹15.78 lakh to a successful applicant. This compensation was for investments made in developing a proposed retail-outlet site after the company cancelled the Letter of Intent due to its own fault in issuing an advertisement for a location outside its purview.
Ratio Decidendi · Legal Principle Established
A public authority is liable to compensate a successful applicant for investments made under a Letter of Intent if the cancellation of the LOI is attributable to the authority's own fault, such as issuing an advertisement for a location outside its operational purview.
Practice & Procedural Impact for Advocates
Advocates should advise clients to document all investments made pursuant to a Letter of Intent from a public authority. Litigants can seek compensation for losses incurred due to the public authority's errors leading to LOI cancellation.
Key Legal Takeaways
- 1Public authorities bear responsibility for their administrative errors.
- 2Applicants can claim compensation for investments made under a faulty LOI.
- 3Due diligence by public authorities is essential before issuing advertisements or LOIs.