Published On : Tue, Jul 22nd, 2014

Subject to keeping shops closed,HC protects food kiosks at Futala lake from demolition

File Pic

File Pic

Nagpur News : Sitting again after retiring to their chambers on Monday evening at 4.30 pm, Justice Bhushan Dharmadhikari and Justice C V Bhadang, at the High Court here, extended protection to Rahul Nagulwar and 9 other 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.

Performing quite delicate task of balancing the directions, it had given in the PIL on July 3, the court did that with lot of fineness. It has asked the PIL petitioner to identify 20 valid structures, which have come up through the contractor and other about 85 structures, which the NIT has objected to and served its owners including M/s Sell Ads, with show cause notice.

The NIT chairman has been asked to file affidavit regarding action taken and he proposes to take against these structures” owners and others and its time-bound plan for that. These directions almost forced the NIT to do something, as it has to report to the court. Now this petition by the kiosk-owners has also called for some sympathetic action at least July 25, when they are likely to be heard by the court.

The petitioners have also pointed out that their representation submitted on June 4, 2013 in response to the NIT”s notice of May 23, 2013 has not been decided till date and without doing that threatening them with notice of demolition is to say the least is arbitrary and illegal.

Advocate Ritesh Kalra appeared for the petitioner-kiosk-owners. Advocate S K Mishra represented the NIT.