- (1.) Civil Appeal No. 1801 of 2015 by special leave has been filed against the impugned judgment and order dated 31.7.2014 passed in Writ Appeal No. 1565 of 2013 by the High Court of Judicature at Madhya Pradesh at Jabalpur, whereas C.A. Nos. 1802-1803 of 2015 by special leave have been filed against the impugned judgment and order dated 31.7.2014 passed in Writ Appeal Nos. 1550 of 2013 and 1563 of 2013 by the same High Court. In both the matters, the dispute relates to the fixation of the price of the under construction 36 Duplex/Triplex HIG Houses, situated in "Riviera Towne", Bhopal, by the Appellant-Madhya Pradesh Housing and Infrastructure Development Board (for short "the Appellant-Board") and the method adopted by them for fixing the price of the properties in dispute and linking the cost price of the land with the Collector's guidelines on the date of completion of the project in the case of Self Financing Scheme. The High Court dismissed the writ appeals filed by the Appellant-Board and quashed the enhanced/final demand for price fixation of land by the Appellant-Board.
(2.) The brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties: An advertisement was published on 9.11.2007 in the local daily newspaper 'Dainik Bhaskar' regarding the Housing Scheme which was floated by the Appellant-Board for the allotment of 36 residential houses for the employees of the State Government and the State Public Sector Undertaking under the name of "Riviera Towne" in Bhopal with the following terms and conditions: XXX
(3.) The Appellant-Board held the draw of lots for the allotment of the said houses in dispute and the successful applicants were notified by the Appellant-Board vide communication letter dated 20.12.2007 about the allotment of the said houses in their favour. The Appellant-Board also took the administrative approval on 3.1.2008 for the construction of 36 houses of the disputed properties. The Appellant-Board also constituted a Price Fixation Committee in its 199th meeting for the fixation of the rational price for the said houses. They also issued two Circulars dated 30.9.2008 and 24.10.2008 relating to the fixation of cost of the said properties in dispute.;