HELPLINE ADVERTISING SERVICES Vs. STATE OF J&K

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the appellant against the order dated 13.12.2013 passed by the learned Writ Court in CMP no. 2826/2013 in OWP no. 1743/2012 whereby the application of the appellant seeking stay of communication dated 23.11.2013 addressed by Chief Revenue Officer, Srinagar Municipal Corporation, to the appellant to remove his advertising infrastructures from various areas of Srinagar City within a period of 07 days, has been dismissed granting him three week's time to remove the said infrastructures.

(2.) Vide notice inviting offers (NIO) dated 26.05.2006, the Srinagar Municipal Corporation invited offers from interested advertising agencies for installation of hoardings on 142 Government / Municipal sites and 600 kiosks within the limits of the Corporation. The appellant's offer of Rs.81,00,786.00 was found to be the highest. Consequently, his offer was accepted and the contract was allotted to him in terms of order no. 675 of 2006 dated 16.09.2006 for a period of ten years on, inter alia, the condition that the appellant shall pay hoarding charges yearly at the rate of Rs.81,00,786.00 with 10% increase after every two years on the amount actually paid for the previous two years. The appellant was required to enter into an agreement. It appears that civil litigations ensued between the parties at the instance of the appellant on account of cancellation of the aforesaid contract for his failure to execute the agreement, nonpayment of dues etc. etc. In view of the subsequent developments in the matter, we feel it unnecessary to give the details of the civil suits those were thus filed and the proceedings those were taken thereon.

(3.) Meanwhile, vide order no. 1443 of 2012 dated 26.7.2012, the Corporation accorded sanction to erection/installation of 5 hoardings backlit/normal of the size 6x10'' by M/s GK Communications Ltd, in various parts of Srinagar City. By another order no. 1845 of 2012 dated 13.09.2012 the Corporation accorded sanction to erection and installation of 15 hoardings front lit up of the size of 10x6'' by M/s GK Communications Ltd. Further, pursuant to Corporation's communication no. SMC / JCA / 1956-58 dated 23.11.2012, the J&K LAWDA issued order no. MD/LDA/36/1646-49 dated 07.12.2012 placing an allotment order for stage contract for erection of 20 hoardings in the territorial jurisdiction of J&K LAWDA, Srinagar, in favour of M/s G. k. Communications Pvt. Ltd.