PISCES COMMUNICATIONS PVT LTD Vs. DTC

JUDGEMENT

(1.) THE petition seeks to restrain the respondent DTC from dismantling the Bus Queue Shelters (BQSs) situated in the Rohini -I Zone, Delhi till such time the petitioner has contract with the respondent DTC. The petitioner also seeks mandamus to the respondent DTC to provide 175 Bus Queue Shelters fit for the purposes of display of advertisement. The said claims have been made by the petitioner on the basis of an agreement dated 10 th March, 2010 entered into with the respondent DTC and which contract is stated to have been for the term of two years i.e. till 10 th March, 2012.

(2.) NOTICE of the petition was issued on 1st February, 2011; the counsel for the petitioner also stated on that date that the petitioner was aggrieved from action of the respondent DTC of removing the BQSs subject matter of contract with the petitioner without notice to the petitioner and without giving alternative sight to the petitioner and has already submitted a representation to the respondent DTC in that regard. Thereafter the matter was adjourned from time to time for filing of the counter affidavit by the respondent DTC and awaiting the decision on the representation stated to have been made by the petitioner. No counter affidavit has been filed by the respondent DTC.

(3.) ATTENTION of the counsel for the petitioner has however been invited to clause 11 of the agreement which is as under: - "11. Removal/Demolition of Shelters" The Chairman -cum -Managing Director or his authorized representative shall have the right to have the shelters/booths demolished, discontinued, shifted or removed at any time during the period of contract without notice to the contractor for any reason whatsoever. In the event of such removal or shifting, the Contractor may be permitted at the discretion of Chairman -cum -Managing Director to display the advertisement on the alternative shelter or booths so constructed/allotted in the same zone. The contractor/advertiser has to abide the directions of Govt. as agreed by them in the form of affidavit, before entering into the contract in regard to deletion of such nos. of BQSs from the tendered list of BQSs as deemed fit by the Govt. for the purpose of construction of new BQSs/modernization through any agency/DIMTS. The contractor shall not claim any compensation on this account nor shall take the matter in the court of law under any circumstances. Advertisers can use deleted BQSs for any advertisement purpose till M/s DIMTS starts reconstruction. However, he has to pay the Monthly License fee and R & M Charges for these BQSs also as per applicable rate. Further, in view of the ensuing Common Wealth games to be held in October, 2010, the DTC may withdraw the advertising rights temporarily for a period to be specified at the appropriate time with a notice of 07 days for displaying the Common Wealth games related advertisement and in such situation the contract period of two years shall be deemed to have been completed only after adding the period of such temporarily withdrawal as stated above."