Shops at Futala: NIT scraps agreement with Sell Ads, HC disposes of PIL
NAGPUR Improvement Trus (MNIT). on Wednesday. filed an affidavit and informed the High Court division bench here that it had scrapped the agreement with Sell Ads regarding development of Futala lakeside and shops.
After perusing the NIT affidavit, the High Court disposed of a PH. filedha Sanjay Badriprasad Agrawal stating that it was rendered in fructuous by the subsequent developments and the petitioner got what he wanted. The petitioner had prayed for action against the contractor by NIT for violating various terms and conditions of the contract.
The division bench of High Court here consisted of Justice Vasanti Naik and Justice Atul Chandurkar. In its affidavit. NIT informed the High Court that it had terminated its five-year agreement for maintaining, managing, developing and improving infrastructure around Futala Lake, based on Public-Private Participaiion with Mrs Sell Ads. The
said agreement was executed on February 17, 2010. and the same was scrapped withe f'tect from August 16, 2014 After inquiry. NIT concluded that there have been breaches of terms and conditions 4.14. 4.5. 2.1, 5.4 and 1.6 of the agreement by Mrs Sell Ads and under the clause 6.1 it decided to terminate the agreement. to forfeit entire security deposit, and to initiate steps to recover arrears. Mrs Sell Ads (which includes its (allottees) was asked to vacate the said premises with fixtures and furnitures within seven daysor to suffer forcible. vacation.
NIT has objected to unauthorised developments on the northern and southern sides alter its sister-concern Mrs Concept Resources entered into licence agreements with some individuals, who were aggrieved and approached the Court by filing petition against the threatened demolition of their shops by NIT. alleging cheating by Sell Ads and its sister concern. Becauseoftheirownadmission, that they have no right as they have nocomract with NIT. their other contentions did not cut any ice with the Court, which disposed of their petition with no relief to them. Their only contention was that they were running their shops since last three years and NIT had never objected to that till then. The Court has permitted them to pursue ant remedy available to them.
Adv R D Raskar appeared for WL petitioner. Adv S K Mishra (NIT), Ritesh Kalra ('unauthorised' shopkeepers), and Adv Rohit Deo (Sell Ads) represented the respondents-petitioners.
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