- (1.) In all the writ petitions, the order contained in letter dated 03.08.2011 has been impugned. In some writ petitions, order dated 28.07.2011 has been challenged whereas, in most of the writ petitions order dated 12.12.2012 has also been assailed. The necessary facts, in detail, have been stated in W.P.(C) No. 4513 of 2011. FACTS: M/S EXCEL VENTURE CONSTRUCTION COMPANY PVT. LTD. W.P.(C) No. 4513 of 2011
(2.) The petitioner- M/s. Excel Venture Construction Company Pvt. Ltd. is a company incorporated under the Companies Act, 1956. In connection with the preparation for the National Games- 2007, a meeting was held on 24.09.2004 in presence of the then Chief Minister-Housing Minister, Development Commissioner, Finance Secretary, Housing Secretary, Managing Director of Jharkhand State Housing Board and others. In the said meeting, a decision was taken to develop the vacant land of the Housing Board through developers and that the construction shall be completed before the start of the National Games- 2007, so as to provide accommodation to the sports persons. On 05.10.2005, a meeting was again held in presence of the then Chief Minister- Housing Minister for evaluation of the work of the Housing Board. In the said meeting the Development Commissioner, Finance Secretary, Housing Secretary, Managing Director of the Jharkhand State Housing Board and others were present. In the said meeting a decision was taken to develop the vacant land of the Housing Board and construct multi-storied buildings/commercial complexes through Joint Venture. The Minutes of Meeting dated 05.10.2005 was sent to the Housing Board vide letter dated 27.12.2005.
(3.) Pursuant to Notice dated 12.11.2005 inviting Expressions of Interest for development of residential and commercial complexes over vacant plots of the Housing Board through Joint Venture, 24 companies submitted their bid, out of which, 15 companies were finally selected for financial bid. The petitioner submitted financial bid for six plots and finally its offer for three plots that is, plot Nos. 2, 8 and 9 at Harmu, Ranchi was accepted. An agreement with respect to Plot No. 9 was entered with the Housing Board on 18.07.2007 in which, 34.54 percent of the residential area (HIG and MIG) was the Housing Board's allocation. A power of attorney was also executed by the Housing Board in favour of the petitioner and possession was handed over to the petitioner. The petitioner engaged an architect namely, M/s. Axis, Ranchi and the petitioner started the project with the projected investment of around Rs. 1400 lacs besides, actual building construction expenses. The Housing Board issued Memo dated 29.03.2008 directing the allottees of the plots at Harmu, Ranchi to stop construction. The petitioner filed writ petitions being, W.P.(C) No. 2173 of 2008, W.P.(C) No. 2179 of 2008 and W.P.(C) No. 1812 of 2008 and vide order dated 08.05.2008, the petitioner and others were directed to approach the Chairman, Housing Board. Subsequently, vide order dated 18.12.2008, the Chairman, Housing Board quashed order dated 29.03.2008. In the meantime, map for the proposed construction was sanctioned in the name of the Housing Board. The project was almost complete and out of three Blocks, construction in Block- A and Block- A/1 is complete in all respects and possession has been handed over to allottees. The construction in Block- B is also almost complete. A total of 114 flats have been constructed out of which, 74 flats have come in builder's allocation. The petitioner has issued advertisement and more than 80% of its share has already been allotted to buyers. On 29/30.07.2011, it was reported in the newspapers that the Joint Ventures entered by the Housing Board with private builders have been cancelled. Vide letter dated 03.08.2011, the petitioner has been communicated that Agreement dated 18.07.2007 has been cancelled and it was directed to handover the possession of the plots to the Housing Board.;