HI TOUCH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to consider the petitioner's representation, dated 21.03.2019 and permit the petitioner-firm to display advertisement in the toll plaza, bus shutters, rest areas and phone booths as per the Circular, dated 10.07.2014 issued by the second respondent on the Hosur-Krishnagiri National Highways.

(2.) The petitioner is a partnership firm carrying on the business of outdoor advertising like advertising on gantries on the toll plazas, bus shelters, bill board, setting up of massive posters, etc. It is also registered as SSI Unit with the Department of Industries and Commerce. The petitioner was creating awareness regarding traffic, alcoholism and environmental safety through advertisements. While so, the fifth respondent had invited tenders through "Just Dial" from various firms and agencies to erect and display advertisements in the toll plaza and rest areas, bus shelters along the Project Highway at Hosur-Krishnagiri Toll road i.e. NH-7.

(3.) It is further stated by the petitioner that an agreement between the fifth respondent and the petitioner, was entered into on 16.08.2012 and it was duly amended on 23.01.2013. As per the agreement, the petitioner started mobilising the funds through loans and other means, to erect the display structure inside the toll plaza, after obtaining necessary approval from the fifth respondent's technical team and availed third party structural design approvals and also got necessary tests done by a reputed agency. While so, the fifth respondent asked the petitioner to stop the work done and directed not to erect. After due pressure from the petitioner's side, the fifth respondent allowed the petitioner to erect the display structure, but not to display advertisements till the second respondent gives proper approval from the competent authority. Hence, the petitioner served a legal notice to the fifth respondent towards failure of statutory permission to display advertisements at toll plaza from the third respondent/competent authority. The petitioner had sent an intimation letter to the second respondent drawing their attention about the agreement with the fifth respondent. The petitioner also sent various e-mails to the Chief Project Manager, vide dated 30.05.2013, 06.07.2013 and 13.07.2013 to expedite the permission to display, from the second and third respondents. Based upon the fifth respondent's efforts and the persistent pressure, finally, a Circular, vide No.NHAI/CMC/Misc./1302/2013/3 (Part)/54217, dated 10.07.2014 was issued by the second respondent to all the concessionaires across India stating that there is no restriction to do advertisement in toll plazas, rest areas, bus shelters and telephone booths, i.e. located in Project Highway and to comply with the Circular to the first respondent, and that the second respondent has given the procedures to be followed in putting the advertisements.