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TARUN AGARWALA
Tej Narain Upadhyay – Appellant
Versus
Allahabad Vikas Pradhikaran, Allahabad – Respondent


Counsel for the Parties:
For the Petitioner:Mr. M.A. Qadeer and Mr. Mustaqeem Ahmad Siddiqui, Advocates.
For the Respondents:Mr. J.N. Sharma & Mr. B.B. Paul, Advocates.

JUDGMENT

Tarun Agarwala, J.— The Allahabad Development Authority, hereinafter referred to as the ADA, invited tenders for running a swimming pool in Bharadwaj Ashram Park, which is owned and managed by the Allahabad Development Authority. The petitioner submitted his tender, which was accepted by the authority, and an agreement dated 5.6.2005 was executed for a period of 5 years. Under the terms of the agreement, the petitioner was required to pay a monthly rent of Rs. 21,881 and the respondents were obliged to provide electricity and water to the petitioner for running the swimming pool.

2. It is alleged that pursuant to a Public Interest Litigation filed in the High Court, an order dated 25.4.2006 was passed, whereby all the parks, located in the city of Allahabad, was directed to be handed over for its maintenance to the Nagar Nigam Allahabad, pursuant to which, Bharadwaj Ashram Park was handed over to the Nagar Nigam, Allahabad. It is alleged that the water for the swimming pool, which was being provided by the Allahabad Development Authority from a tubewell, was located in the Bharadwaj Park but, on account of the park being handed over to the Nagar Nigam, the tubewell was als














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