STATE TIMES NEWS
JAMMU Justice Janak Raj Kotwal of Jammu and Kashmir High Court (Jammu Wing) on Tuesday stayed the operation of order No. JDA/II/2873-76 dated August 8, 2017 issued by Jammu Development Authority (JDA) whereby the contract of Mahespura Parking Slot Jammu allotted to the petitioner was cancelled and directed the Registry to list this petition in the month of October, 2017.
After hearing Advocate Arshad Majid Malik appearing for the petitioner Nishy Charak, daughter of Late Shamsher Singh, resident of Channi Himmat, Jammu, Justice 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 with 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 unauthorised vehicle.
Justice Kotwal admitted the writ petition to hearing and issued notices to 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, son of Dharamveer Chopra, resident of H.No.126, Roulki Bakshi Nagar, Jammu and Vijay Singh Chib, son of Late Shial Singh, resident of Village Barnai, Tehsil and District 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 was intimated in this regard by Executive Engineer Division-II JDA vide communication No.JDA/II/3431-35 dated November 9, 2016. The contract was allotted to her for collection of parking charges for matadors with effect from 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 also submitted that had already approached High Court by filing writ petition bearing OWP No.637/2017 which came to be disposed of by the Single Bench of J&K High Court on May, 18, 2017 with a direction to 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, which rendered almost impossible for the petitioner to operate the parking place.
The petitioner was again compelled to approach the Court through the medium of a contempt application in COA (OW) No.98/2017 in OWP No.637/2017.
Advocate Malik submitted that the staff room of the parking place and barrier were allowed to remain in illegal possession of earlier allottee-Vijay Singh Chib, a self styled union leader of Matador Stand, Maheshpura. Advocate Malik also submitted that instead of handing over the aforesaid room and barrier to the petitioner, in order to give undue benefit to Anil Chopra and Vijay Singh Chib, Executive Engineer Division-II JDA issued notice dated July 21, 2017 to the petitioner leveling baseless allegations that petitioner has allowed parking of buses in the Matador Stand. The petitioner submitted her reply to the notice on July 21, 2017 therein stating clearly that the possession of the staff room and barrier of the parking place were still with the earlier allottee, who might have got buses parked in the parking place to mislead JDA.
The Executive Engineer Division-II JDA however issued final notice dated August 9, 2017 to the petitioner and called upon her to attend his office either personally or through her representative within seven days to explain her position as to why allotment made in her favour be not cancelled.
The petitioner submitted a comprehensive reply to the aforesaid notice on August, 14, 2017 stating therein inter alia that parking of buses in the parking place was handiwork of Vijay Singh Chib. Alongside, the petitioner had approached the Divisional Commissioner Jammu expressing her grievance in regard to non-handing over the staff room and barrier to her.
The Divisional Commissioner Jammu vide letter dated August 23, 2017 had requested the Vice-Chairman JDA to look into the matter. “Immediately after receipt of the Divisional Commissioner Jammu’s letter, the Vice-Chairman JDA and Executive Engineer Division-II JDA issued impugned order No.JDA/II/2873-76 dated August 24, 2017 whereby contract awarded to the petitioner was cancelled.
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