CWP-12036 v. Amritsar Development Authority & Ors.

CORAM : HON’BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MS. JUSTICE LAPITA BANERJI HON’BLE MS. JUSTICE LAPITA BANERJI HON’BLE MS. JUSTICE LAPITA BANERJI Mr. Rahul Sharma, Senior Advocate with Mr. Rahul Sharma, Senior Advocate with Present : Mr. Rahul Sharma, Senior Advocate with Mr. Birinder Pal, Advocate, Mr. Birinder Pal, Advocate, Mr. Charanbir Mr. Charanbir Singh, Advocate Ms. Rashmeen Randhawa, Advocate, Ms. Rashmeen Randhawa, Advocate, Ms. Rashmeen Randhawa, Advocate, for the petitioner. for the petitioner. Mr. Saurabh Kapoor, Additional A.G., Punjab. Mr. Saurabh Kapoor, Additional A.G., Punjab. Mr. Saurabh Kapoor, Additional A.G., Punjab. Mr. R.S.Khosla, Senior Advocate with Mr. R.S.Khosla, Senior Advocate with Mr. R.S.Khosla, Senior Advocate with Ms. Abadhya Singh, Advocate, Ms. Abadhya Singh, Advocate, Amritsar Development Authority. for the respondent-Amritsar Development Authority. for the *** DEEPAK SIBAL K SIBAL, J. (Oral) Senior counsel for the petitioner has filed an affidavit Learned Senior counsel for the petitioner has filed an affidavit L dated 06.05.2026 of the petitioner which is dated 06.05.2026 of the petitioner which is ordered to be taken on the record as Annexure ‘X’. The relevant extract thereof is reproduced record as Annexure ‘X’. The relevant extract thereof is reproduced record as Annexure ‘X’. The relevant extract thereof is reproduced hereinbelow for ready reference:- hereinbelow for ready ‘AD/’ Respondent No.1’) ‘AD/’ Respondent No.1’) ‘AD/’ Respondent No.1’)

2. That I was granted the Management Contract dated 2. That I was granted the Management Contract dated 2. That I was granted the Management Contract dated the Amritsar Development Authority 09.08.2012 by the Amritsar Development Authority 09.08.2012 by 09.08.2012 by the Amritsar Development Authority for operation, (hereinafter for operation, (hereinafter for operation, (hereinafter maintenance, and management of the Multilevel Parking maintenance, and management of the Multilevel Parking maintenance, and management of the Multilevel Parking Complex (Saragarhi) and Kesari Bagh Parking Complex at Complex (Saragarhi) and Kesari Bagh Complex (Saragarhi) and Kesari Bagh Galiara Project, Amritsar on a FBOT/PPP basis. Galiara Project, Amritsar on a FBOT/PPP basis. Galiara Project, Amritsar on a FBOT/PPP basis. 3. That I hereby solemnly undertake and give an unequivocal 3. That I hereby solemnly undertake and give an unequivocal 3. That I hereby solemnly undertake and give an unequivocal undertaking that I shall vacate and hand over peaceful undertaking that I shall vacate and hand over peaceful undertaking that I shall vacate and hand over peaceful possession of the aforesaid Parking Complexes, i.e., the possession of the aforesaid Parking Complexes, i.e., the possession of the aforesaid Parking Complexes, i.e., the Multilevel Parkin g Complex (Saragarhi) and Kesari Bagh Multilevel Parking Complex (Saragarhi) and Kesari Bagh Parking Complex at Galiara Project, Amritsar, Parking Complex at Galiara Project, Amritsar, Parking Complex at Galiara Project, Amritsar, Respondent Authorities on or before 21.07.2026. Respondent Authorities on or before 21.07.2026. Respondent Authorities on or before 21.07.2026. VANDANA 2026.05.08 18:13 I attest to the accuracy and integrity of this document CWP-12036 12036-2026 (O&M)

4. That, however, it is most respectfully submitted and 4. That, however, it is most respectfully submitted and 4. That, however, it is most respectfully submitted and specifically stated that there exists a dispute between the specifically stated that there exists a dispute between the specifically stated that there exists a dispute between the arties with regard to the amounts of money owed by each arties with regard to the amounts of money owed by each parties with regard to the amounts of money owed by each party to the other, which dispute remains unresolved and party to the other, which dispute remains unresolved and party to the other, which dispute remains unresolved and pending adjudication. pending adjudication. 5. That I specifically state and undertake that I shall resolve all 5. That I specifically state and undertake that I shall resolve all 5. That I specifically state and undertake that I shall resolve all financial disputes, cross claims, counter-claims, and dues financial disputes, cross-claims, counter owed by either party to the other strictly through the due owed by either party to the other strictly through the due owed by either party to the other strictly through the due process of law. process of law. 6. That it is most specifically, unequivocally, and emphatically 6. That it is most specifically, unequivocally, and emphatically 6. That it is most specifically, unequivocally, and emphatically stated that my vacation of the Parking Complexes on stated that my vacation of the Parking Complexes on stated that my vacation of the Parking Complexes on 21.07.2026, as undertaken hereinabove, shall be unconditional 21.07.2026, as undertaken hereinabove, shall be unconditio 21.07.2026, as undertaken hereinabove, shall be unconditio and shall not be dependent upon, contingent upon, or subject and shall not be dependent upon, contingent upon, or subject and shall not be dependent upon, contingent upon, or subject to the prior resolution of the financial dispute between the to the prior resolution of the financial dispute between the to the prior resolution of the financial dispute between the parties. I shall vacate the premises on 21.07.2026 irrespective parties. I shall vacate the premises on 21.07.2026 irrespective parties. I shall vacate the premises on 21.07.2026 irrespective of the status of the financial dispute or the amounts determined of the status of the financial dispute or the amounts determined of the status of the financial dispute or the amounts determined to be due from or to either party. The vacation of possession is, o be due from or to either party. The vacation of possession is, o be due from or to either party. The vacation of possession is, accordingly, not to be construed as an admission of any dues accordingly, not to be construed as an admission of any dues accordingly, not to be construed as an admission of any dues claimed by the Respondents or as a waiver of any of my claims claimed by the Respondents or as a waiver of any of my claims claimed by the Respondents or as a waiver of any of my claims against the Respondents. against the Respondents. 7. That the Respondents shall not be entitl 7. That the Respondents shall not be entitled to use this 7. That the Respondents shall not be entitl Affidavit, or my vacation of the Parking Complexes pursuant Affidavit, or my vacation of the Parking Complexes pursuant Affidavit, or my vacation of the Parking Complexes pursuant hereto, as a ground for blacklisting me, debarring me, or hereto, as a ground for blacklisting me, debarring me, or hereto, as a ground for blacklisting me, debarring me, or disqualifying me from participation in any future tender or disqualifying me from participation in any future tender or disqualifying me from participation in any future tender or allotment process. The question of blacklisting, if any, and the allotment process. The question of blacklisting, if any, and th allotment process. The question of blacklisting, if any, and th legality or otherwise of any such action, remains subject to legality or otherwise of any such action, remains subject to legality or otherwise of any such action, remains subject to adjudication in CWP No. 34486 of 2025 presently pending adjudication in CWP No. 34486 of 2025 presently pending adjudication in CWP No. 34486 of 2025 presently pending before this Hon'ble Court, and shall abide by the final outcome before this Hon'ble Court, and shall abide by the final outcome before this Hon'ble Court, and shall abide by the final outcome thereof. thereof. 8. That upon my vacation of the Parking Complexes on 8. That upon my vacation of the Parking Complexes on 8. That upon my vacation of the Parking Complexes on I shall be entitled to remove my movable assets, 21.07.2026, I shall be entitled to remove my movable assets, 21.07.2026, equipment, machinery, and installations which I have installed equipment, machinery, and installations which I have installed equipment, machinery, and installations which I have installed at my own cost at the Parking Complexes over the last fourteen at my own cost at the Parking Complexes over the last fourteen at my own cost at the Parking Complexes over the last fourteen years, to the extent permissible under the terms of the years, to the extent permissible under the terms of the years, to the extent permissible under the terms of the Management Contract date d 09.08.2012, and subject to the Management Contract dated 09.08.2012, and subject to the directions, if any, of this Hon'ble Court in this regard. directions, if any, of this Hon'ble Court in this regard. directions, if any, of this Hon'ble Court in this regard. 9. That I undertake to maintain the Parking Complexes in a 9. That I undertake to maintain the Parking Complexes in a 9. That I undertake to maintain the Parking Complexes in a proper and functional condition and to continue to operate and proper and functional condition and to continue to operate and proper and functional condition and to continue to operate and manage the same in accordance with the term manage the same in accordance with the terms of the manage the same in accordance with the term i.e., i.e., Management Contract until i.e., Management Contract until Management Contract until 21.07.2026, so that the Respondents receive back the Parking 21.07.2026, so that the Respondents receive back the Parking 21.07.2026, so that the Respondents receive back the Parking Complexes in a good state of repair and working condition. Complexes in a good state of repair and working condition. Complexes in a good state of repair and working condition. 10. That I have filed this Affidavit bona fide and without 10. That I have filed this Affidavit bona fide and without 10. That I have filed this Affidavit bona fide and without ll my rights and contentions as pleaded in the prejudice to all my rights and contentions as pleaded in the prejudice to a present writ petition and in CWP No.34486 of 2025 pending present writ petition and in CWP No.34486 of 2025 pending present writ petition and in CWP No.34486 of 2025 pending before this Hon’ble Court.” before this Hon’ble Court.” the date of vacation, the date of vacation, the date of vacation,

2. Learned Senior counsel appearing Learned Senior counsel appearing Learned Senior counsel appearing the contesting the contesting the contesting respondents submits that in the light of afore undertaking, respondents submits that in the light of afore undertaking, the petitioner VANDANA 2026.05.08 18:13 I attest to the accuracy and integrity of this document CWP-12036 12036-2026 (O&M) shall be permitted to continue to manage, maintain and operate the shall be permitted to continue to manage, maintain and operate the shall be permitted to continue to manage, maintain and operate the Multilevel Parking Complex, (Saragarhi) and Kesari Bagh Parking Multilevel Parking Complex, (Saragarhi) and Kesari Bagh Parking Multilevel Parking Complex, (Saragarhi) and Kesari Bagh Parking Complex at Galiara Project, Amritsar on a Complex at Galiara Project, A mritsar on a FBOT/PPP basis till the midnight of 21.07.2026. midnight of 21.07.2026.

3. consensus arrived at between the parties, In light of the above consensus arrived at between the parties, In light of the above we dispose of this petition with a direction that both parties shall remain we dispose of this petition with a direction that we dispose of this petition with a direction that bound by the afore undertaking submitted afore undertaking submitted/statement made /statement made before us.

4. Disposed of. Disposed of. (DEEPAK SIBAL DEEPAK SIBAL) JUDGE JUDGE (LAPITA BANERJI) (LAPITA BANERJI) JUDGE JUDGE , 2026 May 06, 2026 vandana Whether speaking/reasoned : ther speaking/reasoned : Whether reportable : Whether reportable Yes/No Yes/No VANDANA 2026.05.08 18:13 I attest to the accuracy and integrity of this document