Published On : Wed, Aug 6th, 2014

HC grants Sell Ad a week’s time to file reply to Agrawal’s rejoinder in Futala kiosks case

Nagpur News: The Nagpur Bench of Bombay High Court on Wednesday (August 6) granted a week’s time to Sell Ad to file its reply to the rejoinder of Sanjay Agrawal who has filed a Public Interest Litigation (PIL) in connection with food kiosks in Futala Lake area. Counsellor of Sell Ad had sought a week’s time to file reply which was accepted by the Double Bench of Justice Bhushan Dharmadhikari and Justice C V Bhadang who granted the firm time till August 12 to do so.

It may be mentioned that Nagpur Improvement Trust had leased out the land to Sell Ads which further passed those on to other individual players to set up their food joints. Meanwhile, more new joints cropped up despite the fact that permission was given to set up only 20 eateries or shops. Even the space allotted for parking was encroached upon and given away to set up shops without permission. Sources even did not rule out the possibility of connivance of the officials with the concerned agency Sell Ads.

Earlier the High Court, during the hearing in the case on July 25, had ordered the Sell Ad to deposit the entire rent and deposit amount it recovered from all food kiosks till today in the court. The Court had also ordered the firm not to carry out any bank transaction. The terms of agreement forbid the Sell Ad any creation of Third Party Interest which meant that the firm will have erect food kiosks on their own and run themselves. There was no clause to rent them. However, the Sell Ad blatantly violated the terms of agreement and rented the food kiosks to different persons. The firm also recovered and still recovering huge amounts toward rent. The High Court had on July 25 refused to review its order of closing down of nine concerned shops after the owners had approached the court against Nagpur Improvement Trust. The Court had also ordered the petitioner shop owners to deposit Rs 2 each in the court and keep the shops closed till August 5.

Advocate Ritesh Kalra appeared for the petitioner Sanjay Agrawal.  Advocate S K Mishra represented the NIT while Adv Kabra argued on behalf of petitioner shop owners.

It may be recalled, Justice Bhushan Dharmadhikari and Justice C V Bhadang had extended protection to 9 food kiosk-owners at the Futala lake area from possible demolition of their ‘shops’ by the Nagpur Improvement Trust, subject to undertaking in writing by them to the High Court registry by July 23, to keep their shops closed till further orders from the court, which has agreed to give the petitioners opportunity of adequate hearing on July 25 along with the PIL No. 90/2013 filed by Sanjay Agrawal, who has sought removal of several permanent structures, which have come up around the lake allegedly in breach of the agreement of February 17, 2010 between the NIT and the Sell Ads’ sister concern M/s Concept Resources.

Kiosk-owners have entered into agreements with one Shailen Mehta, the representative of the contractor.