האגודה הישראלית לחקר יחסי עבודה

מחקר, הוראה ומדיניות בתחום יחסי העבודה

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  • שרגא ברוש, יו"ר לשכת התאום לארגונים הכלכליים
  • יוסי כהן, מ"מ הממונה על השכר במשרד האוצר
  • השופט יגאל פליטמן, נשיא בית הדין הארצי לעבודה
  • עו"ד שלמה יצחקי, הממונה הראשי על יחסי עבודה
  • עו"ד אבי ניסנקורן, יו"ר הנהגת ההסתדרות הכללית החדשה

חיפוש מחקרים

38 Futala lake restaurants continue despite lease lapse


Nagpur: Around 38 restaurants situated at Futala lake have continued to operate despite lapse of lease and a controversial extended permission time period. The Nagpur Improvement Trust (NIT) has not taken

any action on the restaurants citing the state's Urban Development Department (UDD) order pending on an appeal filed by a private operator — Sell Ads.

On August 5, NIT had issued a notice to sell ads directing all restaurants to remove and vacate the Futala lake area on or before August 16. Sell Ads was given a lease for five years and was supposed to lapse on February 16 this year. However, NIT had extended the lease by 18 more months as per UDD's orders. The extended lease was supposed to come to an end on August 16.

Sell Ads did not shift their restaurants. Again, NIT has issued a reminder notice to Sell Ads on September 1 directing to remove restaurants and vacate the area. NIT had also directed Sell Ads to deposit a premium of Rs47.24 lakh pending for over the last two years.

A NIT official told TOI forceful evacuation could have been possible if UDD disposed off appeal filed by Sell Ads. "The appeal was filed by Sell Ads with UDD challenging NIT's extension order. It has not given any stay, so notices have been issued to Sell Ads. NIT has written to UDD on September 1 about the lapse of lease and has sought opinion," he said.

Sources told TOI NIT cannot raze restaurants but only ask Sell Ads to stop operation of restaurants till UDD passes an order. "NIT can go and seal the restaurants if Sell Ads does not stop operation of restaurants. NIT can take further decision as per the orders. Restaurants cannot function after lapse of lease," the sources said.

However, the NIT is in no mood to initiate any action and is sitting pretty for UDD's order.

Principal secretary of UDD Manisha Mhaiskar told TOI that the department was processing the matter.

Sell Ads director Shailen Mehta said he was waiting for the order. "I will follow whatever orders come from UDD," he said.

UDD's inordinate delay in taking decision on the appeal is proving beneficial for Sell Ads and owners of restaurants. The appeal case is pending with for last one year. Earlier, UDD's order had benefited Sell Ads to a great extent as got 18 more months extension despite termination order given by the NIT as per the High Court's orders.


TIMELINE

February 17, 2010: NIT signs agreement with Sell Ads to establish 20 mobile kiosks on temporary basis at Futala lake

August 22, 2013: Activist Sanjay Agrawal files petition in HC alleging rampant violation of agreement

August 16, 2014: NIT terminates agreement with Sell Ads over violations


August 20, 2014: HC dismisses petition following action by NIT on Sell Ads

February 16, 2015: Lease comes to an end

March 19, 2015: State urban development department ask NIT to review termination order

Sept 14, 2015: NIT gives 18 months extension with effect from Feb 16, 2015

August 16, 2016: Extended lease also comes to an end

Original Source