Irfan Tramboo
Srinagar, Nov 1: Throwing Court orders to the wind, the Cantonment Board in Srinagar has not bothered to invite fresh tenders to lease out the pharmacy shops functioning within the premises of G B Pant Hospital, thus violating its own rule-book.
The Board, after clear-cut directions from the Court to evict those occupying the shops, has been offering extra-ordinary favors to the blue-eyed shop owners who have not been moved out for last more than 10 years.
As per agreement which the occupants sign before the premises are leased out to them, there are clear-cut directives that after the lease period-5 years-is over, the premises shall be handed-over to the Board which then again gives out the premises on lease after re-tendering and public auction.
However, in gross violation of the agreement, the board has failed to conduct the re-tendering process or public auction of the premises, leaving those who could have got a chance of getting the premises for the lease guessing.
“Since after the expiry of the license period, plaintiff ceases to have any legal right to retain the shop, consequently he had failed to make out a strong prima facie case in his favor,” the Court had observes in the order that it issued recently.
Further, the order states that “As per clause 14 of the Agreement in case the occupier refuses to hand over the peaceful possession of the property, he shall be declared as trespasser and liable to convicted under Public Premises Eviction of Un-authorized Occupants Act, 1971.”
While saying that the parties are bound by the contractual terms, the Court says that the plea of retaining the possession does not have any specific pleadings.
“It is apt to know that parties are bound by the terms of the contractual agreement. The contention of the plaintiff that he shall be treated at par with the other shopkeepers is beyond the scope of the Act and the terms of the agreement inasmuch as the parties are bound by the contractual terms. Moreover, such a plea is bald with no specific pleadings,” the order states.
The decision was given out by the 4th Additional Session Judge, Srinagar and was challenged in the High Court, it has, however, maintained the decision given out by the lower court and has directed the Cantonment Board to begin the eviction process, which has not been initiated so far.
Sources said that after the Court instructed the Board to evict the current occupants and conduct re-tendering process, they-through the occupants-challenged the order in the High Court, which then up-held the decision given out by the lower court; even after that they did not carry out any process of re-tendering. “Though, they served notices to the occupants of those two shops, but the procedure did not witness any further action,” a source said.
Medical Superintendent, GB Pant Hospital Dr Kanwarjeet Sing said that the commercial activities are taken care of by the Cantonment Board and that hospital administration has got ‘nothing’ to do with it.
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