This order addresses a writ petition challenging the non-consideration of representations for payment of claims related to contract-operated facilities and expenses. The High Court directed the Jaipur Development Authority to decide pending representations within four weeks.
Respondent JDA to decide pending representations within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13001/2020
----Petitioners
----Respondents
| For Petitioner(s) | : Mr. Rajendra Prasad, Sr. Advocate assisted byMr. SandeepPathak. |
|---|---|
| For Respondent(s) | : Mr. Yashodhar Pandey for Mr. Anil Mehta. Mr. Amit Kuri for JDA. |
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
06/09/2021
This writ petition has been filed by the petitioner aggrieved against non-consideration of various representations made by the petitioner seeking payment of various claims made by the petitioner from time to time based on the fact that the petitioner
(2 of 2)
[CW-13001/2020]
is running certain facilities in terms of the contract between the parties.
Several submissions have been made by learned counsel for the petitioner based on various clauses of the agreement that the petitioner is entitled for payment of various expenses, which the petitioner is required to pay for operating the facilities like STPs, Parks & Experience Centre.
Submissions have also been made that huge amount is required to be paid by way of electricity charges alongwith all other expenses, which the petitioner has been incurring from time to time without any reimbursement.
The petition has been contested by the respondents on various counts including the objections about maintainability of the petition.
In the overall facts & circumstances and based on the submissions made by the parties before this Court, it is deemed appropriate and therefore ordered that the respondent - JDA shall decide the pending representations made by the petitioner within a period of four weeks from the date a copy of this order is placed by the petitioner with the respondent - JDA. It would be open for the petitioner to file a detailed fresh representation, if so advised.
In case, the petitioner is aggrieved by the nature of determination of the representation, it will be open for the petitioner to take appropriate proceedings in accordance with law.
(ARUN BHANSALI),J
Rmathur/335
1 issue framed by the court
Whether the petition challenging non-consideration of representations regarding reimbursement of claims based on contract facilities is maintainable and requires judicial intervention.
Tata Projects Limited, Sucg Consortium
Mr. Y.v. Anand Rao
State Of Rajasthan
Jaipur Development Authority
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
