KAMAL KUMAR Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) In this Writ the Petitioner has prayed for a remission in the rate of Licence Fee for the right to display advertisements on electric poles falling within Zone-II and Zone-III in the NDMC area. This remission is prayed for on the premise that the Deputy Commissioner of Police (Traffic) has disallowed the display of advertisements on poles within close proximity of traffic signal lights; of allocation of certain areas to the Delhi Metro Rail Corporation in Zone II and III which areas cannot, therefore, be exploited by the Petitioner; and non-availability of electric poles for display of advertisements in Jor Bagh, Golf Links and Amrita Sher Gill Marg areas due to obstruction and resistance faced from Resident Welfare Association in those areas.

(2.) The concerned tender document inter alia stipulates thus:-

(3.) A Licence Deed has been executed between the parties on 24.11.2003 which contains a recital that the Petitioner are "desirous of being allowed the privilege of allotment/use of the electricity poles in NDMC area for a period of two years and has approached the Licensor for grant of requisite licence subject to payment of licence fee at the rate of Rs.21,88,000/- (Rupees Twenty One Lacs Eighty Eight Thousand only) for carrying on the trade of display of advertisement on the said electricity poles". The Licence is for a period of two years in the first instance on 'as is where is basis'. Clause 8 states that the Licensor shall not be responsible liable for any damage caused by theft of advertisement boards fixed on electricity poles by the advertiser or for any temporary obstruction caused to the advertisement including pasting of posters etc. by any unauthorised person and no rebate or compensation on this account shall be allowed. Thereafter Clause 20 preserves the right of the Petitioner of surrendering licensed poles before the expiry of the term of the license by giving 3 months notice or three months license fee in lieu of notice. These clauses should not be ignored.