M/S. AJANTA ADVERTISERS Vs. STATE OF ORISSA

JUDGEMENT

(1.) These petitions were heard together and are being disposed of by this common judgment, as the facts and legal contentions in all cases are similar and the prayer made therein is to quash the notice dated 12.12.2011 (in W.P.(C) Nos. 32995, 32397, 32996, 32991 and 33443 of 2011) and 31.12.2011 (in W.P.(C) No. 192 of 2012) issued by the Cuttack Municipal Corporation (in short, 'CMC') directing immediate removal of hoardings erected by the petitioners upon private buildings and lands within its area and the contract awarded in favour of opposite party No. 3-/M/s. Dreamteam Advertising Pvt. Ltd, the awarded of the leasehold rights for erection of hoardings upon the property of the CMC and the private owners with their consent stating various facts and legal contentions in support of their respective claims. So far as W.P.(C) No. 32995 of 2012 is concerned, apart from the prayer for quashing of the notice dated 12.12.2011, the other prayers made in it is to quash the tender process floated under Annexure-2 dated 18.6.2011 and the agreement dated 16.9.2011 under Annexure-3; and to protect the right of the petitioners to undertake their business over private land and to declare the action of the CMC in restricting the petitioners to undertake their business over private land is illegal and contrary to law and encroaching upon their fundamental rights guaranteed under the Constitution of India.

(2.) In the first writ petition, (i.e. WPC No. 32995 of 2011), petitioner No. 1 is a proprietorship concern represented by its Proprietor who is petitioner No. 2 and they have undertaken advertising business in the city within CMC area and over private plots/roof tops of the private buildings with the consent of the owners and entered into agreement with different land owners, erected hoardings on the railway land and lands abutting the National Highway after taking due permission either from the competent authority or from the respective land owners. AS per the practice prevailing, they have paid necessary fee as demanded by CMC for installing hoardings. It is their case that in some places hoardings are continuing for more than to 5 to 7 years. It is also their case that the CMC has demanded the licence fee though they have not framed any regulation with regard to grant of leasehold right and collection of licence fee from the licencee, like the petitioners and further, it is the case of the petitioners that there is no outstanding against the petitioners till March, 2011 and they have produced document in support of the clearance demand made by the Corporation.

(3.) Fact situation of the other five writ petitions being almost similar, we take up the facts of WPC No. 32397 of 2011 for consideration. The petitioner in W.P.(C) No. 32397 of 2011 is a public company incorporated under the relevant provisions of Companies Act, 1956 (hereinafter called as the 'Companies Act'). Its registered office is in Kolkata and Branch Office in Cuttack amongst other places. The case of the petitioner is that it is one of the oldest advertising companies in the country and has its presence in every nook and corner of the country. It has survived in the highly competitive trade of erection of hoardings because of its high ethical business values extended to its customers as well as to its target audience. It has filed the writ petition assailing the notice No. 9682 dated 12.12.2011 issued by the CMC unilaterally directing it to remove the legitimate hoardings from private property which action is outside the jurisdiction of the CMC. The action of the CMC is arbitrary and in violation of the fundamental rights guaranteed under Article 19(1)(g) of the Constitution of India. Therefore, the same warrants interference by this Court in exercise of its writ jurisdiction. It is the case of the petitioner that the Municipal Corporation has also published another tender call notice on 18.6.2011 and its terms and conditions clearly stipulate that the tender is for the purpose of displaying advertisements to public view in CMC land/Government land, except railway and National Highway land, for erection of any hoardings, frame, kiosks and glow sign within the area of operation of CMC. It is further stipulated in the said notice that the selected bidder can display the aforesaid medium of advertisement in private land/buildings/roof top etc. with due consent/agreement with the owners concerned within the quoted price.