Excelsior Correspondent
JAMMU, Sept 20: Division Bench of State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjeev Kumar has set aside the judgment and order passed by the Single Judge whereby the order of JDA cancelling the contract of Maheshpura Matador parking lot was stayed.
It is pertinent to mention that the JDA had created a matador parking lot at Maheshpura chowk to decongest the traffic from city and initially allowed the matador union to utilize it for parking matadors.
Subsequently the Jammu Development Authority issued bids and allotted the contract to one Nishy Charak for one year against highest bid of Rs 3.46 lakh. But it was found by the JDA that the contractor resorted to misusing the parking lot by allowing trucks and buses inside the lot leaving no space for the matadors for which it was originally allotted.
Acting swiftly on the basis of complaints the VC JDA ordered for the initiation of action against the contractor and deputed the inspection team which reported the violation of contract.
Meanwhile, some people approached the High Court which vide order dated 21-08-2017 directed the JDA to ensure that the parking lot was hired for the purpose only which was mentioned in the contract.
The Jammu Development Authority accordingly vide order dated 24-08-2017 cancelled the contract of Nishy Charak and took over the management of parking lot departmentally by deploying ticket collectors.
However, aggrieved of this, the contractor appealed in High Court and Single Judge stayed the order of JDA and directed for restoration of the possession and handing over of staff room and barrier to the contractor.
Since the JDA was already in possession and was managing the parking lot smoothly for parking of matadors, the authority preferred LPA before Division Bench.
The Division Bench has allowed the appeal of JDA and set-aside the order of writ court.
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