HC stays order of cancellation, directs JDA to handover parking slot to petitioner

Jammu, Publish Date: Sep 13 2017 1:13AM | Updated Date: Sep 13 2017 1:13AM

In a significant order, Justice Janak Raj Kotwal of Jammu and Kashmir High Court (Jammu Wing) has stayed the operation of order issued by Jammu Development Authority (JDA) on August 08 2017, whereby the contract of Mahesh Pura Parking Slot Jammu allotted to the petitioner was cancelled.

The High Court directed the JDA to handover parking slot to the petitioner.

After hearing advocate Arshad Majid Malik appearing for the petitioner Nishy Charak resident of Channi Himmat, Jammu, Justice Janak Raj Kotwal directed that JDA shall immediately handover the parking place to the petitioner and allow her to continue with the contract, and within two weeks hereafter, sort out her grievance in regard to the handing over of the staff room and the barrier etc to the petitioner.

The Court further directed that the petitioner Nishy Charak shall, however, furnish an undertaking to the JDA that the parking place shall not be allowed for parking of any unauthorized vehicle.

After hearing advocate Arshad Majid Malik for the petitioner, Justice Janak Raj Kotwal admitted the writ petition to hearing and issued notices to the JDA which were accepted by advocate Monika Kohli in the open court.

The court also issued notices to Senior Superintendent of Police (Traffic) Jammu, Anil Chopra resident of Roulki Bakshi Nagar, Jammu, and Vijay Singh Chib resident of Village Barnai, Jammu.

Advocate A.M. Malik submitted that pursuant to e-Tender notice issued by Executive Engineer Division-II JDA on behalf of Vice Chairman JDA for allotment of parking lot (place) at Maheshpura Chowk, Jammu, the petitioner was found to be the highest bidder and the contract was allotted to her for collection of parking charges for matadors w.e.f. December, 14, 2016 to December, 13, 2017, and in this regard she was intimated vide communication No.JDA/II/Allott/ 4014-22 dated December, 13, 2016.

Advocate Malik further submitted that the JDA started adopting delaying tactics in physical handing over of the parking place to the petitioner and this constrained her to approach High Court.

He submitted that the Single Bench of J&K High Court on May, 18, 2017 directed Vice Chairman JDA to handover the possession of the parking place to the petitioner within a period of one week from the date of that order.

Pursuant to the aforesaid order the parking place was handed over to the petitioner but without staff room and allied barrier etc which rendered almost impossible for the petitioner to operate the parking place, advocate Malik submitted.

The petitioner was again compelled to approach the Court, advocate Malik submitted.

He further submitted that the staff room of the parking place and barrier etc were allowed to remain in illegal possession of earlier allottee-Vijay Singh Chib and a self styled union leader of Matador Stand, Mahesh Pura. 

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