SHANI JOHNSON Vs. KOCHI CORPORATION

JUDGEMENT

(1.) The petitioner, who is conducting business in the field of advertising on lamp posts, within the limits of various local authorities, submitted tender pursuant to Ext.P1 tender notice dated 20.06.2017 issued by the 1 st respondent Corporation for erecting advertisement boards on specified size on the sodium vapor lamp posts in the eastern and western areas situated within the limits of the Corporation. He was the successful bidder for 'eastern area' for a consideration of Rs.28,80,000/- and also for 'western area' for a consideration of Rs.3,00,000/-, for a period of three years. The petitioner entered into Exts.P2 and P3 agreements dated 01.02.2018 with the 1 st respondent Corporation for erecting advertisement boards in the sodium vapor lamp posts in 'eastern area' and 'western area' respectively. Later, the Deputy Secretary of the 1 st respondent Corporation issued Ext.P4 tender confirmation order dated 16.02.2018.

(2.) As per Clause 29 of Ext.P1 tender notification, the bidder has to get No Objection Certificate (for brevity 'NOC') for erecting advertisement boards from various authorities, including the National Highways Authority, Public Works Department, etc. The Corporation shall render assistance by issuing necessary communications in this regard. As per Clause 24 of Exts.P2 and P3 agreements, the petitioner can erect advertisement boards in the sodium vapour lamp posts in National Highways, PWD roads, etc. and the Corporation shall render assistance by issuing necessary communications in this regard. The petitioner submitted Ext.P5 representation dated 11.04.2018 before the Project Director of the 2nd respondent National Highways Authority of India seeking NOC to erect advertisement boards on the sodium vapor lamp posts in the National Highway stretch from Edappally to Thykoodam Bridge, on the strength of Ext.P4 order. The said request stands rejected by Ext.P6 communication dated 18.04.2018 issued by the 2nd respondent, wherein it has been stated that no advertisements shall be permissible in the National Highway stretch, as it is in violation of the Control of National Highways (Land and Traffic) Act, 2002. The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Exhibit P6; a writ of mandamus commanding the 2nd respondent not to remove or dismantle the advertisement boards placed by the petitioner; and a declaration that the petitioner can validly display the boards as permitted by the 1st respondent Corporation and the destruction of boards by the 2nd respondent is illegal and unauthorised.

(3.) On 06.03.2019, when this writ petition came for admission, the learned Standing Counsel for the 1st respondent Corporation and also the learned Standing Counsel for the 2 nd respondent National Highway Authority of India sought time to get instructions.