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Karnataka High Court · body

2000 DIGILAW 696 (KAR)

Adcon Outdoor Advertising v. Commissioner, Bangalore Mahanagara Palike

2000-10-18

V.GOPALA GOWDA

body2000
ORDER V. Gopala Gowda, J.—The Petitioner is an advertising agency. It was granted permission to erect 100 bus shelters in various parts of Bangalore under Annexure-A for a period of one year. Accordingly, the Petitioner has erected bus shelters and the list of the same is produced in Annexure-B. After erecting the bus shelters, the Petitioner started using the vacant place on the shelters for its advertising business. Thereafter, Petitioner states that the Corporation passed a resolution on 6.4.1999 vide Annexure-F sanctioning another 150 bus shelters but it was not given effect to. It is the case of the Petitioner that when rival advertising agencies started erecting unauthorised shelters, the Petitioner filed Writ Petition No. 36043 of 1999 seeking prevention of such unauthorised erections. However, the said writ petition was withdrawn on 7.2.2000. The Petitioner was thereafter selected as one of the advertising agency for putting-up "Modern Bus Shelters". The Petitioner put-up such bus shelter as per photograph at Annexure-J. Before inauguration of the same, the Corporation gave advertisement as per Annexure-K dated 20.9.2000 inviting interested persons to put-up bus shelters on the principle of "Build, operate and Transfer". Certain terms and conditions have been prescribed in the said advertisement. The grievance of the Petitioner is that the three days time given in the advertisement was insufficient to comply with the requirements. Hence, this petition is filed seeking to quash the said notification and to direct the Respondents to allot Pilot Project of 50 locations to Petitioner and not to disturb the Modern Bus Shelter erected on the Airport Road. 2. Mr. K.N. Putte Gowda, learned Additional Government Advocate is directed to take notice on behalf of the Respondents as he has appeared in similar matters earlier. Heard the learned Counsel for the parties. 3. The first prayer of the Petitioner to quash the notification at Annexure-K on the ground of insufficient time granted to comply with the requirements, cannot be granted. The period prescribed therein applies to all persons, including the Petitioner, who were interested to apply pursuant to that advertisement. Except the Petitioner, no one has made any grievance about the insufficiency of time permitted in the notification. If the Petitioner was unable to apply pursuant to the notification fulfilling all the requirements, it shows its inefficiency or lack of infrastructure to comply with the requirements of the advertisement. Except the Petitioner, no one has made any grievance about the insufficiency of time permitted in the notification. If the Petitioner was unable to apply pursuant to the notification fulfilling all the requirements, it shows its inefficiency or lack of infrastructure to comply with the requirements of the advertisement. The said notification cannot be quashed merely on the grievance sought to be made-out by the Petitioner alone. Hence the first prayer is rejected. 4. The second prayer sought for to direct the Respondents to allot Pilot Project of 50 locations to the Petitioner, also cannot be granted. Petitioner has no right, muchless vested right to seek such a direction. If Petitioner is interested to have allotment of any project, it has to apply in accordance with the terms and conditions of the advertisements and secure them over-taking the other competitors. The Petitioner cannot dream of securing allotment of projects through Court directions without making any effort in that direction pursuant to the advertisements. It is for the Corporation to grant such projects depending upon the requirements on such terms and conditions as it may impose. The prayer sought for has no basis and the same is misconceived. 5. So far as the third prayer sought for not to disturb the Modern Bus Shelter constructed on Airport Road opposite Britannia Head Office and the 100 bus shelters listed in Annexure-B, in Bangalore is concerned, since the bus shelters are already erected and the public are using the same, Respondents shall not remove them. However, the Petitioner or any other advertiser may be permitted to use them for advertising purposes on fresh terms and conditions as per the provisions of Section 135 of the Karnataka Municipal Corporations Act, 1976 and the Advertisement Bye-laws of the Corporation. 6. Writ Petition is dismissed subject to the above observations.