SUBRATA MAJUMDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The Intra-Court appeal has been preferred questioning the legality of the order dated 20.6.2013 passed by the Single Bench dismissing the writ petition in the matter of period of agreement entered into by the appellant/petitioner with the railway administration. The agreement was entered into for a period of ten years by the appellant with the railway for beautification and display of the commercial publicity media of total 1104 sq. ft. of illuminated kiosk or equivalent as per terms and conditions of the tender application of the contractors. The contract period will be valid for ten years from the date of completion of construction work at initial phase of the scheme as provided in the contractual period in the agreement. On 25.3.2003, a notice was issued to the petitioner that the period of ten years will be expired on 20th April, 2013. The petitioner was requested to remove all the publicity media allotted on beautification scheme from Sealdah Station Circulating Area by 20.4.2013 positively. Aggrieved by the aforesaid communication, writ petition was filed for the relief that the communication dated 25.3.2013 be quashed and it be ordered that the ten years period granted to the petitioner would come to an end in the month of December, 2013.

(2.) The petitioner has come up with the case that electrical charges, as per clause 1(f) of the agreement, were to be borne by the contractor as per rates fixed by the railways. Electric charges will be deposited with the railways on yearly basis. Contract was to be valid for ten years from the date of completion of the construction work at initial phase of the scheme as per clause 6(a) of the agreement. Commencement of the date of installation of commercial publicity media is to be fixed by a Committee consisting of Senior Station Manager/Sealdah, Senior Section Engineer (Electrical)/G/Sealdah and Junior Engineer (Works)/Sealdah PF as per clause 6(c) of the agreement. Copy of the agreement has been filed as annexure P-1 to the petition.

(3.) It is submitted that the letter dated 13.12.2002 for supply of electricity to illuminated media erected by M/s. Swagat Services in connection with the work for beautification of the Sealdah Station Circulating Area on sponsorship basis. The power supply on temporary basis was given on 19.1.2000 and disconnected on 9.10.2002. A sum of Rs. 43,934/- has already been deposited to the Chief Cashier by the petitioner. On 31.10.2003, petitioner intimated the Senior Divisional Electrical Engineer (G) for supply of the electricity in connection with beautification of Sealdah Station Circulating Area on sponsorship basis. On 15.12.2003 again the electricity connection was given on permanent basis. The railway administration had provided only 700 sq. ft. to the appellant/petitioner for beautification and display of commercial publicity media. Thus, the petitioner has suffered a loss of Rs. 10 lakhs. Petitioner, now had been asked to remove all the hoardings vide communication dated 25.3.2013. It is submitted by the appellant/petitioner that electric publicity media have to be counted from the date of electric connection as it is a general practice and also illuminated media have no value without electrical connection. Thus, the action is illegal and bad in law and the agreement be ordered to be continued till December, 2013.