Excelsior Correspondent
Srinagar, June 24: High Court has turned down the plea of tenants of Sangarmal City Centre-cum-Shopping Complex constructed by Srinagar Development Authority (SDA) in the heart of city seeking waiving off rent for the period of floods and unrest and directed to pay the due rent to SDA.
Justice Vinod Chatterji Koul dismissed the petition filed by the tenants of the Sangarmal launched by the SDA in 2001 and the first phase of its construction was completed in 2007 with the modern facilities, like elevators, escalators, landscaping, fountains, kiosks, food courts, 24-hour power backup, besides basement parking etc. under planned manner.
It was sought that the SDA be directed not to recover rent from them on account of 2014 floods, 2016 unrest and 2019 unseen events and the SDA be refrained from recovery of unpaid premium due from tenants until the shopping complex is fully constructed in accordance with DPR/Layout Plan in Brochure and after completion of the same appropriate relaxation be given for payment of rest of the premium and rent in installments keeping in view the loan raised by tenants.
The SDA in Opposition to all these pleas as projected by the tenants submitted before the court that at the time of taking over their respective spaces from the year 2007 onwards the petitioners-tenants were fully aware about the facilities being made available in the City Centre and were interested in running their respective businesses, as such, had no problem with the facilities provided and it is only when they were asked to deposit the balance amount which they are trying to hoodwink SDA and given an impression that facilities are not being provided.
“…If petitioners opted to have shops/spaces on the terms and conditions prescribed by SDA, they cannot now shirk to fulfill their obligation of making payment of whatever is outstanding against them. The incomplete facilities as alleged by tenants, according to respondent-SDA, are already complete in all respects”, Court said.
Justice Koul directed the tenants to pay arrears on account of rent as the court has already directed that they shall continue to pay rent to the Srinagar Development Authority and in the event there are arrears on account of rent, which have accrued to Srinagar Development Authority from the date of institution of the writ petition, they shall be at liberty to recover the same.
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