M/S. OMEGA ADVERTISING AGENCY (PRESS) PVT. LTD. REP BY ITS AUTHORISED SIGNATORY AND MEDIA EXECUTIVE AND ANOTHER Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Heard Mr. J. Deka, the learned Counsel appearing for the petitioners. The respondents 1 & 2 are represented by Mr. B. Talukdar, the learned Government Advocate. The learned Standing Counsel for the PWD Mr. Y.S. Mannan appears for the respondents 3-8. The Guwahati Municipal Corporation (GMC) and their Commissioner are represented by the learned Senior Counsel Mr. A.B. Choudhury.

(2.) The petitioner No. 1 company is operating in the field of advertisement. They are aggrieved by the steps taken by the GMC to remove the Hoardings and Bill-Boards installed by the petitioners in different locations and road dividers of the Guwahati city. According to the petitioners, the Bill-Boards on the electricity poles were installed with due authorisation of the PWD with concurrence of the GMC authorities and the Hoardings too were installed with approval of the GMC and for both categories of display, advertisement tax was being paid by the petitioners. But despite the authorisation given by the authorities, the GMC arbitrarily removed few of the Hoardings/ Bill-Boards, without affording any opportunity to the affected party.

(3.) On the other hand, the respondents contend that advertisement tax for the installed Bill-Boards/Hoardings were in arrears despite the demand notice served upon the advertising agency and that is why impugned action was taken. The removal of few displays was projected to be on account of their interference with the free movement of pedestrian and vehicular traffic.