1. Instant petition has been filed by the petitioner under Section 9 of the J & K Arbitration and Conciliation Act, 1997 for directing the maintenance of status quo with regard to Island Retreat Park Cafeteria and Kiosks at Srinagar.
2. Facts, for grant of relief as put forth in the petition are that:
i) By virtue of deed of license dated 08-08-2013 executed by the respondent on behalf of the Governor of the State, the petitioner herein along with one Sajad Ahmad Wani S/o. Mohammad Younis R/o. Khanyar, Sriangar was allotted and handed over the possession of the assets/building situated at Hung Sonamarg for operating and conducting Island Retreat Park Cafeteria and Kiosks for a period of five years w.e.f. 2012 up to the month of November 2017. In terms of the said deed of license, petitioner was also authorized to use the premises as a camping site.
ii) That even though the said deed of license was initially granted by the respondents jointly in favour of the petitioner and Sajad Ahmad Wani but later on Sajad Ahmad Wani within the knowledge and notice from the respondents relinquished his entire rights and interests in favour of the petitioner vide relinquishment deed dated 02-09-2015.
iii) That the aforesaid license has been granted by the respondents in favour of the petitioner pursuant to being adjudicated as highest bidder in response to a notice inviting tenders (NIT) vide No. CEO/SDA/NIT/1219-23 dated 17-12-2012 after completing all conditions stipulated by the respondents.
iv) That the petitioner even though granted license deed dated 08-08-2013, for a stipulated period of five years w.e.f. 08-01-2013 was for various reasons, prevented to utilize the licensed premises for beneficial use despite of the huge bid amount paid by her coupled with a substantial investment made on the premises by setting up of one or the other facilities thereon.
v) That huge loss was caused to the petitioner by preventing her to utilize the licenses premises as camping site in terms of the agreement despite of the petitioner having made huge investment for purchase of relevant equipment's. It is also submitted that for the convenience of the tourists and visitors to the Park the petitioners without any financial support of the respondents and out of her own resources erected three pre fabricated washrooms in the premises.
vi) That during 2014 floods, the only bridge connecting the Island Park premises with the green road was completely washed away along with the furniture and fixtures purchased and installed by the petitioner therein,. However the said bridge was erected in 2015 but no relief was granted to the petitioner by the State Government thereby depriving her altogether. It is also submitted that no relief whatsoever was granted in respect of the petitioner for the business loss caused by the blockade of the only road to Sonamarg due to the cloud burst at Gagangeer in the year 2015 triggering huge landslides in the area. It is further submitted that petitioner was also not granted any relief package despite huge loss caused to her due to another cloud burst at Baltal in which several pilgrims of Amarnath Ji Yatra were got killed, thus adversely affecting the business of the petitioner.
vii) That the petitioner had also faced a huge loss due to prolonged closure of the entire Kashmir Valley for six long months in the year 2016. In the meantime, license period got expired and the petitioner knocked the doors of respondents for extension of the license. The respondents vide communication No. CEO/SDA/681 dated 30-03-2018 proceeded to convey the decision of the authority to the petitioner for grant of extension of license for one season only with 10% escalation against the bid amount subject to the clearance of all previous outstanding.
viii) That the petitioner has already cleared all previous outstanding. The said rest........