CWP-12036 IN THE HIGH COURT OF PUNJAB AND HARYANA AT Tarsem Kumar Contractor Amritsar Development Authority and others CORAM : HON’BLE MR. JUSTICE HON’BLE MS. JUSTICE LAPITA BANERJI Present : Mr. Rahul Sharma, Senior Advocate with Mr. Birinder Pal, Advocate, Mr. Charanbir Ms. Rashmeen Randhawa, Advocate, for the petitioner. Mr. Saurabh Kapoor, Additional A.G., Punjab. Mr. R.S.Khosla, Senior Advocate with Ms. Abadhya Singh, Advocate, for the DEEPAK SIBAL L dated 06.05.2026 of the petitioner which is record as Annexure ‘X’. The relevant extract thereof is reproduced hereinbelow for ready 2. That I was granted the Management Contract dated 09.08.2012 by the Amritsar Development Authority (hereinafter ‘AD/’ Respondent No.1’) for operation, maintenance, and management of the Multilevel Parking Complex (Saragarhi) and Kesari Bagh Galiara Project, Amritsar on a FBOT/PPP basis. 3. That I hereby solemnly undertake and give an unequivocal undertaking that I shall vacate and hand over peaceful possession of the aforesaid Parking Complexes, i.e., the Multilevel Parkin Parking Complex at Galiara Project, Amritsar, to the Respondent Authorities on or before 21.07.2026. 12036-2026 (O&M) Sr. No.150 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12036 Date of Decision : Tarsem Kumar Contractor Versus Amritsar Development Authority and others HON’BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MS. JUSTICE LAPITA BANERJI Mr. Rahul Sharma, Senior Advocate with Mr. Birinder Pal, Advocate, Mr. Charanbir Singh, Advocate Ms. Rashmeen Randhawa, Advocate, for the petitioner. Mr. Saurabh Kapoor, Additional A.G., Punjab. Mr. R.S.Khosla, Senior Advocate with Ms. Abadhya Singh, Advocate, for the respondent-Amritsar Development Authority. *** K SIBAL, J. (Oral) Learned Senior counsel for the petitioner has filed an affidavit dated 06.05.2026 of the petitioner which is record as Annexure ‘X’. The relevant extract thereof is reproduced hereinbelow for ready reference:- 2. That I was granted the Management Contract dated 09.08.2012 by the Amritsar Development Authority (hereinafter ‘AD/’ Respondent No.1’) for operation, maintenance, and management of the Multilevel Parking Complex (Saragarhi) and Kesari Bagh Galiara Project, Amritsar on a FBOT/PPP basis. 3. That I hereby solemnly undertake and give an unequivocal undertaking that I shall vacate and hand over peaceful possession of the aforesaid Parking Complexes, i.e., the Multilevel Parking Complex (Saragarhi) and Kesari Bagh Parking Complex at Galiara Project, Amritsar, to the Respondent Authorities on or before 21.07.2026. Page 1 of 3 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 12036-2026 (O&M) Date of Decision : 06.05.2026 …Petitioner …Respondents DEEPAK SIBAL HON’BLE MS. JUSTICE LAPITA BANERJI Mr. Rahul Sharma, Senior Advocate with Ms. Rashmeen Randhawa, Advocate, Mr. Saurabh Kapoor, Additional A.G., Punjab. Mr. R.S.Khosla, Senior Advocate with Amritsar Development Authority. Senior counsel for the petitioner has filed an affidavit ordered to be taken on the record as Annexure ‘X’. The relevant extract thereof is reproduced 2. That I was granted the Management Contract dated 09.08.2012 by the Amritsar Development Authority (hereinafter ‘AD/’ Respondent No.1’) for operation, maintenance, and management of the Multilevel Parking Complex (Saragarhi) and Kesari Bagh Parking Complex at Galiara Project, Amritsar on a FBOT/PPP basis. 3. That I hereby solemnly undertake and give an unequivocal undertaking that I shall vacate and hand over peaceful possession of the aforesaid Parking Complexes, i.e., the g Complex (Saragarhi) and Kesari Bagh Parking Complex at Galiara Project, Amritsar, to the 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 4. That, however, it is most respectfully submitted and specifically stated that there exists a dispute between the parties with regard to the amounts of money owed by each party to the other, which dispute remains unresolved and pending adjudication. 5. That I specifically state and undertake that I shall resolve all financial disputes, cross owed by either party to the other strictly through the due process of law. 6. That it is most specifically, unequivocally, and emphatically stated that my vacation of the Parking Complexes on 21.07.2026, as undertaken hereinabove, shall be unconditio and shall not be dependent upon, contingent upon, or subject to the prior resolution of the financial dispute between the parties. I shall vacate the premises on 21.07.2026 irrespective of the status of the financial dispute or the amounts determined to be due from or to either party. The vacation of possession is, accordingly, not to be construed as an admission of any dues claimed by the Respondents or as a waiver of any of my claims against the Respondents. 7. That the Respondents shall not be entitl Affidavit, or my vacation of the Parking Complexes pursuant hereto, as a ground for blacklisting me, debarring me, or disqualifying me from participation in any future tender or allotment process. The question of blacklisting, if any, and th legality or otherwise of any such action, remains subject to adjudication in CWP No. 34486 of 2025 presently pending before this Hon'ble Court, and shall abide by the final outcome thereof. 8. That upon my vacation of the Parking Complexes on 21.07.2026, equipment, machinery, and installations which I have installed at my own cost at the Parking Complexes over the last fourteen years, to the extent permissible under the terms of the Management Contract date directions, if any, of this Hon'ble Court in this regard. 9. That I undertake to maintain the Parking Complexes in a proper and functional condition and to continue to operate and manage the same in accordance with the term Management Contract until the date of vacation, i.e., 21.07.2026, so that the Respondents receive back the Parking Complexes in a good state of repair and working condition. 10. That I have filed this Affidavit bona fide and without prejudice to a present writ petition and in CWP No.34486 of 2025 pending before this Hon’ble Court.” 2. Learned Senior counsel appearing for the contesting respondents submits that in 12036-2026 (O&M) 4. That, however, it is most respectfully submitted and specifically stated that there exists a dispute between the arties with regard to the amounts of money owed by each party to the other, which dispute remains unresolved and pending adjudication. 5. That I specifically state and undertake that I shall resolve all financial disputes, cross-claims, counter owed by either party to the other strictly through the due process of law. 6. That it is most specifically, unequivocally, and emphatically stated that my vacation of the Parking Complexes on 21.07.2026, as undertaken hereinabove, shall be unconditio and shall not be dependent upon, contingent upon, or subject to the prior resolution of the financial dispute between the parties. I shall vacate the premises on 21.07.2026 irrespective of the status of the financial dispute or the amounts determined o be due from or to either party. The vacation of possession is, accordingly, not to be construed as an admission of any dues claimed by the Respondents or as a waiver of any of my claims against the Respondents. 7. That the Respondents shall not be entitl Affidavit, or my vacation of the Parking Complexes pursuant hereto, as a ground for blacklisting me, debarring me, or disqualifying me from participation in any future tender or allotment process. The question of blacklisting, if any, and th legality or otherwise of any such action, remains subject to adjudication in CWP No. 34486 of 2025 presently pending before this Hon'ble Court, and shall abide by the final outcome thereof. 8. That upon my vacation of the Parking Complexes on 21.07.2026, I shall be entitled to remove my movable assets, equipment, machinery, and installations which I have installed at my own cost at the Parking Complexes over the last fourteen years, to the extent permissible under the terms of the Management Contract dated 09.08.2012, and subject to the directions, if any, of this Hon'ble Court in this regard. 9. That I undertake to maintain the Parking Complexes in a proper and functional condition and to continue to operate and manage the same in accordance with the term Management Contract until the date of vacation, i.e., 21.07.2026, so that the Respondents receive back the Parking Complexes in a good state of repair and working condition. 10. That I have filed this Affidavit bona fide and without prejudice to all my rights and contentions as pleaded in the present writ petition and in CWP No.34486 of 2025 pending before this Hon’ble Court.” Learned Senior counsel appearing for the contesting respondents submits that in the light of afore undertaking, 4. That, however, it is most respectfully submitted and specifically stated that there exists a dispute between the arties with regard to the amounts of money owed by each party to the other, which dispute remains unresolved and 5. That I specifically state and undertake that I shall resolve all claims, counter-claims, and dues owed by either party to the other strictly through the due 6. That it is most specifically, unequivocally, and emphatically stated that my vacation of the Parking Complexes on 21.07.2026, as undertaken hereinabove, shall be unconditional and shall not be dependent upon, contingent upon, or subject to the prior resolution of the financial dispute between the parties. I shall vacate the premises on 21.07.2026 irrespective of the status of the financial dispute or the amounts determined o be due from or to either party. The vacation of possession is, accordingly, not to be construed as an admission of any dues claimed by the Respondents or as a waiver of any of my claims 7. That the Respondents shall not be entitled to use this Affidavit, or my vacation of the Parking Complexes pursuant hereto, as a ground for blacklisting me, debarring me, or disqualifying me from participation in any future tender or allotment process. The question of blacklisting, if any, and the legality or otherwise of any such action, remains subject to adjudication in CWP No. 34486 of 2025 presently pending before this Hon'ble Court, and shall abide by the final outcome 8. That upon my vacation of the Parking Complexes on I shall be entitled to remove my movable assets, equipment, machinery, and installations which I have installed at my own cost at the Parking Complexes over the last fourteen years, to the extent permissible under the terms of the d 09.08.2012, and subject to the directions, if any, of this Hon'ble Court in this regard. 9. That I undertake to maintain the Parking Complexes in a proper and functional condition and to continue to operate and manage the same in accordance with the terms of the Management Contract until the date of vacation, i.e., 21.07.2026, so that the Respondents receive back the Parking Complexes in a good state of repair and working condition. 10. That I have filed this Affidavit bona fide and without ll my rights and contentions as pleaded in the present writ petition and in CWP No.34486 of 2025 pending Learned Senior counsel appearing for the contesting 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 shall be permitted to continue to manage, maintain and operate the Multilevel Parking Complex, (Saragarhi) and Kesari Bagh Parking Complex at Galiara Project, A midnight of 21.07.2026. 3. In light of the above we dispose of this petition with a direction that bound by the afore undertaking submitted 4. Disposed of. May 06, 2026 vandana Whether speaking/reasoned : Whether reportable 12036-2026 (O&M) shall be permitted to continue to manage, maintain and operate the Multilevel Parking Complex, (Saragarhi) and Kesari Bagh Parking Complex at Galiara Project, Amritsar on a midnight of 21.07.2026. In light of the above consensus arrived at between the parties, we dispose of this petition with a direction that afore undertaking submitted/statement made Disposed of. (DEEPAK SIBAL JUDGE (LAPITA BANERJI) JUDGE , 2026 ther speaking/reasoned : Yes/No Whether reportable : Yes/No shall be permitted to continue to manage, maintain and operate the Multilevel Parking Complex, (Saragarhi) and Kesari Bagh Parking mritsar on a FBOT/PPP basis till the consensus arrived at between the parties, we dispose of this petition with a direction that both parties shall remain /statement made before us. DEEPAK SIBAL) JUDGE (LAPITA BANERJI) JUDGE VANDANA 2026.05.08 18:13 I attest to the accuracy and integrity of this document