NATIONAL ADVERTISING COMPANY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, said to be engaged in the business of outdoor advertising display and undertaking contracts on Build, Operate & Transfer ( BOT ) basis, has filed this writ petition challenging the Invitation-to-Offers as extended by the respondent-Municipal Corporation, Jodhpur ( the Corporation ) for installation of various Overhead Gantries, Bus Queue Shelters etc. under the advertisements dated 11.02.2010 (Annex.4), 24.09.2010 (Annex.5) and 27.10.2010 (Annex.6).

(2.) It is submitted that the Urban Improvement Trust, Jodhpur ( UIT ) has entered into the exclusive and long term agreements with the petitioner on 28.09.2002, 17.10.2002 and 11.02.2003 (Annex.2 collectively) for the construction work of public utility projects like installation of various Overhead Gantries, Bus Queue Shelters, Tree Guards etc. on BOT basis; and the petitioner has already constructed a number of such facilities at various places in the City of Jodhpur. According to the petitioner, this Court issued directions in PIL Petition No.441/2004 to the Corporation for constructing 100 toilets at various places but the Corporation, finding itself unable to carry out the directions, made a proposal under the communication dated 23.10.2005 (Annex.1) with reference to the agreements already entered into by the UIT with the petitioner that the other projects in the areas falling within the jurisdiction of the Corporation may also be got executed on the conditions laid down by the UIT, now the Jodhpur Development Authority, Jodhpur ( JDA ). It is alleged that the Corporation, however, illegally removed/damaged the unipoles installed by the petitioner wherefor the petitioner has filed a separate writ petition that remains pending in this Court.

(3.) The grievance of the petitioner in this writ petition is that the Corporation has now started inviting tenders and awarding projects to other parties; and no care is being taken of the objections raised by the petitioner. It is submitted that if the respondent Corporation is having any requirement of installation of Overhead Gantries, Bus Queue Shelters, Tree Guards etc., the petitioner ought to be asked to execute such work through JDA. The petitioner has averred that the representations were made to the Corporation against the questioned advertisements wherefor the tenders were not opened for some time but then, all of a sudden, some Bus Queue Shelters have been installed indicating that now the tenders might have been opened or without opening tenders illegally some one is allowed by agreement or otherwise by the corporation .