VASUDEV PUBLICITY SERVICE Vs. NEW DELHI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) The dispute revolves mainly around the effect of Bye-laws made by the New Delhi Municipal Committee relating to pasting of Bills and Advertisements framed under section 188(n) of the Punjab Municipal Act, 1911. However, let me first bring forth the factual canvass.

(2.) The plaintiff firm is engaged in the business of outdoor publicity/advertisement, inter alia, by way of display of hoardings etc. in Delhi and other places. It says that it applied by registered post to the New Delhi Municipal Committee for grant of permission to its advertisement hoardings at two places, one within the premises of the National Stadium at the India Gate round-about and the second on the land allegedly belonging to the Northern Railways at Safdarjung Fly over and as the New Delhi Municipal Committee failed to intimate its decision in writing to the applicant within sixty days of receipt of the application, the same was deemed to have been sanctioned as per Bye law 3 of the Bye-laws and consequently the hoardings were erected and advertisements displayed. The grievance of the plaintiff firm is that the New Delhi Municipal Committee is threatening to remove, deface and damage the said hoardings. Hence its suit for permanent injunction and an application under Order 39 rules 1 and 2 of the Code of Civil Procedure for grant of interim relief.

(3.) On December 15, 1994 notice of the application under Order 39 was ordered by a learned single Judge to be issued for February 17, 1995 and, in the meanwhile, the New Delhi Municipal Committee was restrained from removing, defacing, damaging or interfering with the two advertisement hoardings in question.