- (1.) Petitioner, Orris Developers Private Limited (herein after called as 'the Company') is a Company incorporated and registered under the provisions of the Companies Act, 1956. It formed a consortium of companies and is engaged in the business of real estate development in the National Capital Region of India, Delhi. BACKDROP OF THE CASE:
(2.) The Yamuna Expressway Industrial Development Authority, Greater Noida (hereinafter referred to as 'the Authority') floated a scheme for residential township and invited sealed tenders pursuant to which, the Company participated in the two bid system for allotment of residential township plots in Sector 22 D in the Yamuna Expressway on lease for a period of 90 years on the basis of actual acquisition and physical possession. The Company deposited a sum of Rs. 10,00,00000/- (Rupees ten crores only) as Earnest Money. Upon acceptance of the bid under the scheme, the Company further deposited an amount of Rs. 28,37,36,540/- on 28.04.2011, which was 10 % of the total amount of premium of entire plot at the auctioned rate of Rs. 4,741/- per sq. meter, after adjustment of the earnest money. The Company also claims to have made deposits towards allotment money and excess area premium. The lease deed was executed in favour of the Company by the Authority asking the Company to sign a possession letter certifying that the size and area of the plot was according to the plan and was free from encroachments.
(3.) The grievance of the petitioner is that when its officials along with its consultants surveyed the entire plot in order to commence the planning and implementation of the Project, it came to light that actual possession of the plot was still with the farmers from whom the land had been acquired and some of them had already moved High Court whereas others were in process of moving the Courts for various reliefs including that of maintaining status quo on the issue of possession of land acquired under the scheme during pendency of the writ petitions.;