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TMI Blog2003 (9) TMI 803X X X X Extracts X X X X X X X X Extracts X X X X ..... cords of the Municipal Corporation of Hyderabad relating to the permission granted by the Corporation to the appellant to erect or display any advertisement/street signs/direction boards/arches on the public roads/colonies etc., within the twin cities of Hyderabad and Secunderabad and the permission granted for display thereon to the second respondent or to any other person and declare the same to be ultra-vires the provisions of the Hyderabad Municipal Corporation Act and Article 14 of the Constitution of India. The learned Single judge dismissed the writ petition on the ground that the writ petitioner was not able to establish any illegality as alleged in the transaction. The learned Judge also adverted to the salient features of the transaction and the circumstances under which the work came to be entrusted to the appellant as well as the further fact that only two circles were taken up for putting up the boards and the other circles ore always available for the petitioner or anyone else interested to approach the Corporation and undertake such work. It was also observed therein that the assignment entrusted to the appellant was not shown to be of any grant of largesse, as it di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies. Though all these were said to have been on the agenda of the Corporation for long, financial constraints seem to have stood in the way of its realization, due to requirement of substantial sums of money to implement the same. Only at this stage, the appellant was said to have approached in September, 1973 the Corporation with a proposal formulated by them, on an in depth study, in the form of a Scheme and project and expressed their willingness to undertake a fresh survey if the Corporation desired to take up the project. The appellant was asked to show various designs formulated by them and display one of them for sample and it appears to have been done at a place near Bakers Inn on the existing electrical pole showing the direction towards Raj Bhawan Road. The then Commissioner and other officials who inspected the work in November, 1993 were said to have been not impressed and wanted the appellant to change the same by doing it without using the electrical pole. After going through the various revised designs submitted by them, one among them appears to have been chosen and the appellants were asked to execute a sample board during the second week of November, 1993 which wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Secunderabad Division by a communication dated 12.9.94/14.9.94 of the Commissioner of the Corporation with following terms and conditions duly specifying at the same time that the work should be completed by 31.12.94 : "1. Location of the Street Sign Boards shall be strictly as per the directions of the Director (HNC), MCH. 2. On erection of Street Signs in each locality, a nominal charge of Rs. 5/ (Rupees Five only) shall be paid to MCH as cost of erection borne by your organization. 3. You are exempted from the advertisement fee and ground rent, as you are displaying Street Sign Board along with your board at your own expenses. However, the MCH will reserve the right to impose the advertisement fee and ground rent if at any point of time, if it is observed and substantiated by any impartial survey that the maintenance is poor and/or the advertising space is more than stipulated in the agreement, and/or any other terms and conditions are violated. 4. The advertisement space should not be used for any political or religious matters i.e. message or slogans of whatsoever nature. 5. Periodical maintenance should be done, and boards are kept neat and clean by the sponsor. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whatsoever nature. 5. Periodical maintenance should be done, and boards are kept neat and clean by the sponsor. 6. In space provided for indicating direction to the localities should be strictly followed as given below: S. No. Area of Display Size 1 Right & Left Direction Boards (8' - 0" X 6'- 6") both sides 2 Along the road direction Board (30' - 0" X 2' - 9") both sides 3 The Advertising board (3' - 9") ?t at center (4 - 1/2' on either side) 4 Minimum clear height from road level (18-0") 5 Lettering of Direction Board (Radium Letters) 7. You will meet the entire cost including civil works, fabrication, erection, pointing, lettering, maintenance and MCH will not incur any money for this purpose. 8. You can let out space provided for advertising purpose to any of your client at your own terms and conditions for (15) years from the date of this letter, after which the same may be extended on mutually agreed terms and conditions." It appears that though the appellant sought for 20 years period from the date of the completion for work for realisation of their investment and other expenditure incurred by them on this project and the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erect arches on main roads and junction at his own cost and he be permitted to display thereon as per rules but the Corporation allegedly claimed to have informed him that there is no such policy to accord any such permission, it should be noticed at this stage, except self-serving statements like them which were seriously disputed by the Corporation, there is nothing on record/writing to prove any such fancy claims. In the last week prior to the filing of the Writ Petition In December 1994, it is claimed that he came to Know that the Corporation as granted permission to the appellant to erect the arches and display thereon at M.G. Road, Secunderabad, near Telegraph Office asserting at the same time vaguely that the grant was opposed to public duties cast on the Corporation, besides being opposed to the principles of law and Article 14 of the Constitution of India, the same being according to the Writ Petitioner, arbitrary, unjust and opposed to the principles of natural justice, fair play and equal opportunity to all. It was the further case of the writ petitioner that on coming to know that a Circular dated 24.10.94 was issued to select a few advertisers without calling for any i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on boards but not street signs boards or house numbering and no private advertiser has evinced any interest to give concrete proposal much less the writ petitioner, who never cared to attend the Meeting. The entrustment of erection of street sign boards and direction boards to the appellants was said to be a pilot project in Circle No. 3 at Secunderabad and in certain junctions was not thrown as a surprise and instead seem to and also claimed to have culminated after a prolonged transaction involving innovative proposals made by the appellants after much deliberations with the Corporation authorities, who, from time to time, seem to have suggested certain improvements and changes to make it not only acceptable but appreciable and at the same time ensure that no financial commitment strain or involvement was made for the Corporation. It was affirmed before the High Court by the Corporation that the work was appreciated by several high dignitaries from different States in the country. The Corporation in the counter affidavit also stoutly denied vague allegations made against the authorities as well as the appellants. That apart, it appears that when the Division Board passed a consen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advertisement was given or publicity made or tenders invited, in State of M.P. and Ors. v. Nandlal Jalswal and Ors. [1987]1SCR1 , it was observed that grant of licenses by private negotiations without inviting tenders cannot by itself be held to be arbitrary or unreasonable having regard to the circumstances, exigencies and purpose of such grant, and all the more so when scope was left open to others also to apply for similar grants and obtain it. In G.B. Mahajan and Ors. v. Jelga on Municipal Council and Ors. AIR1991SC1153 , dealing with the case of a Municipal Council entering into contract with private developer or builder for construction of a commercial complex involving its execution on self financing basis subject to handing over it to the Municipality the complex free of cost and allotting some shops at a fixed rate / free of cost to certain specified persons while having right to dispose of the remaining accommodation at one's own discretion to allottees with occupancy rights therein for 50 years and retain the premia received by way of reimbursement of the financial outlays of the developer plus profits, it was observed that a project, otherwise legal, does not become ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence Forum and Ors., etc. v. Union of India and Anr. [1996]2SCR767 , it was observed that parting with privilege exclusively vested with the Government must be reasonably rational and in public interest besides conforming to law governing the same and the decision pertaining to the same can be questioned only on grounds of bad faith, based on irrational or irrelevant considerations, non-compliance with prescribed procedure or violation of any constitutional or statutory provision and the onus in respect of establishing the same not only heavily rests on the person alleging it but it is not satisfied by merely raising a doubt in the mind of the Court as to the validity of the decision. 12. In M.P. Oil Extraction and Anr., etc. v. State of M.P. and Ors. (1997)7SCC592 , while doling with a case where on agreement was entered into by the State with selected industrial units which were commissioned on invitation of State to undertake oil extraction operation for assured supply of sal seeds at concessional rates to them, it was observed that though open tender or public auction was preferable, negotiation in certain cases was equally permissible, and Court's interference would not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the professed public interest litigation should be genuine, bona fide and really for public good and hot merely a cloak for attaining private ends. 15. The facts averred in the writ Petition and the stand pursued before this Court also would bring out the real object, i.e., vindication of his own personal Interests and there is nothing in the matter involving any great public interest, which can justify any public outcry through a public interest litigation. The desperateness of the writ petitioner is betrayed by the liberally invented incorrect averments about his alleged approach to the authorities prior to the filing of writ petition, when the fact remains that notwithstanding public notice for selection of agents for similar work in other areas, he did not respond like others and merely approached the court feigning ignorance of all that happened. The manner in which the writ petitioner was attempting to make bald claims after certain orders were passed by the Division Bench pending final disposal of the appeal, to explore possibilities of grant of work in his favour without disclosing for that purpose concrete plans or models to convince the authorities of the genuinenes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . As rightly observed by the learned Single Judge the venture cannot be considered to be the grant of a largesse or lease or contract in the conventional sense. The provisions in the Municipal Corporation Act cannot be said to envisage situations of the nature, when enacted. This appears to be a project more akin to the one considered by this Court in G.B. Mahajan's case (supra). The fact that no other private advertising agencies, including the writ petitioner could offer to undertake such a venture in the other available areas when their participation was sought for belies the tall claims of the writ petitioner now made, after finding the project to have become successful and apparently fruitful - more perhaps than it could have been thought of, initially by everyone. Perhaps irked by this only the interests of the writ petitioner seem to have gained momentum, to try in desperateness for the 'Shylock's pound of flesh', to ruin the vary project, unmindful of any concern for the Corporation, public good and the appellant. 17. A careful and dispassionate assessment and consideration of the materials placed on record does not leave any reasonable impression, on the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ultimately have to be left as the property of the Corporation only, and that too when executed on a self-financing basis. The Commissioner or other, authorities of the Corporation, who seem to have undertaken this at a point of time when there is no concrete scheme/project or sufficient funds with the Corporation, appear to have embarked upon this venture in good faith, keeping in view not only the public good but also in an earnest endeavour to secure such a novel project executed without any financial commitments or expenditure whatsoever either for the installations or subsequent upkeep and maintenance for at least 15 years. Merely because as an ultimate outcome in the long range, the appellant is able to make some more profit than what was envisaged itself could not render the exercise undertaken or scheme executed vulnerable for being challenged to be either as one in improper abuse of powers or by means of any reprehensible/condemnable conduct, calling for interference in the hands of Court of Law. 18. The Division Bench, except cataloguing the catena of decisions, has not chosen to objectively consider the extent of their applicability, relevance or otherwise of the princip ..... X X X X Extracts X X X X X X X X Extracts X X X X
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