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1994 Supreme(SC) 1137

SUPREME COURT OF INDIA
 
B.P. JEEVAN REDDY AND S.B. MAJMUDAR, JJ.
Ashok Kumar, Appellant
 
Versus
 
Union Territory, Chandigarh and another, Respondents.
Civil Appeals Nos. 7565 with 7566 of 1994, (arising out of S.L.P.(C) Nos.12861 with 15107 of 1994)
 
Decided on 16-11-1994.
WITH
Ram Kishan Nanda, Appellant
 
Versus
 
Chandigarh Administration and another, Respondents.
Advocates appeared
Mr. V. C. Mahajan, Sr. advocate, Mr. R. K. Kapoor, Mr. Pradipta Varma, Mr. Anis Ahmad Khan and Mr. Manoj Swarup, Advocates with him, for Appellant; Ms. Kanwaljit Kochar, Advocate, for Mr. J. D.Jain, Advocate, for Respondents.
 C.W.P. No.1329 of 1994, Dated 20-7-1994 (Punj & Har).

Advocates:
ANIS AHMED, J.D.JAIN, KAVAL JIT KOCHAR, MANOJ SVARUP, PRADIPTA VARMA, R.K.KAPOOR, V.C.MAHAJAN

Headnote:

Indian Telegraph Act, 1885 - Section 4 - Licensees to claim for extension - Administration has point - Petitioners who filed two Writ petitions in High Court of Punjab and Haryana at Chandigarh- appellants are handicapped person-Appellant in civil appeal arising out is also a riot victim- Both of m were granted Indian Telegraph operate type pay phone -(PCO) by Commercial Officer Telephones Chandigarh-se were granted to m for five years-On basis of those appellants applied to Administrator Union Territory Chandigarh for being allotted suitable sites on bus-stand at Chandigarh where PCO booths were to be located - Both of were allotted suitable sites for one year each- So far as appellant in civil appeal arising out concerned he was allotted a site measuring rent for a period of one year- So far as appellant in second appeal is was initially allotted a site to locate his public booth call at Chandigarh bus-stand by respondent for one year from Subsequently was renewed for a further period- However by communication respondent informed appellant that permission to run STD Pay Phone at bus-stand was cancelled- Appellant in civil appeal arising out was granted for one year which was expiring –Held, Commercial officer Telephones Chandigarh- Even in deeds as discussed earlier no such clause or provision is found- This contention therefore also is devoid of any substance and is rejected- At fag-end it was submitted by learned counsel for appellants that costly booths are standing on spots and if y have to remove m booths would be useless to m and that y have no objection if booths are purchased by successful auction purchasers- It is for appellants to negotiate in this connection with successful bidders at auction- No direction can be given to respondent-Administration in this behalf- Successful bidders are also not before – Court may observe that once handicapped persons or riot-victims are granted to run telephone PCO booths at Chandigarh bus-stand for couple of years and if for that purpose y require such sites to be allotted to by respondent-Administration such licenses if granted in auction for one year would be for too short a period- respondent-Administration in its discretion may consider whether it would be just and proper to auction such sites at least for a period of two years instead of one year as concerned licenses especially those who are handicapped and riot-affected persons have to spend large amounts in putting up infrastructures by way of booths and telephone connection etc- It is for respondent-Administration to consider se aspects objectively and to take its own policy decision in interest of all concerned - Appeal dismissed

JUDGMENT

MAJMUDAR, J.:- Leave granted.

2. We have heard learned counsel for the parties in support of their respective cases. The appellants are the original writ-petitioners who filed two Writ petitions in the High Court of Punjab and Haryana at Chandigarh. The appellants are handicapped person.Appellant in civil appeal No.7565/94 arising out S.L.P. (C)No. 12861 of 1994 is also a 1984-riot victim. Both of them were granted licences under Section 4 of the Indian Telegraph Act, 1885 to operate Angeleems type pay phone .(PCO) by the Commercial Officer, Telephones, Chandigarh.These licences were granted to them for five years.On the basis of those licences, the appellants applied to the Administrator, Union Territory, Chandigarh for being allotted suitable sites on the bus-stand at Chandigarh, where the PCO booths were to be located . Both of them were allotted suitable sites for one year each. So far as the appellant in civil appeal No. 7565/94 arising out of S.L.P. (C) No. 12861 of 1994 is concerned, he was allotted a site measuring 8x 8 Ft. on 19-1-1993 at the rent of Rs.200/-p.m for a period of one year. So far as the appellant in the second appeal is concerned,he was initially allotted a site to locate his public booth call at Chandigarh bus-stand by the respondent for one year from 3-5-1991. Subsequently, the licence was renewed for a further period. However, by a communication dated 31-12-1993, the respondent informed the appellant that the permission to run the STD Pay Phone at the bus-stand was cancelled. Appellant in civil appeal No.7565/94 arising out of S.L.P. (C) No. 12861 of 1994 was granted licence for one year which was expiring on 25-1-1994. He applied for renewal. His request was not granted. Under these circumstances, the appellants filed writ petitions in the Punjab and Haryana High Court, as aforesaid, praying for suitable direction to the respondent Administration to permit the appellants to run their STD booths till the entire period of licences granted to them by the Commercial Officer, Telephones, Chandigarh expired. The High Court after hearing the parties came to the conclusion that there was no legal right with the appellants to get such relief and hence the petitions were dismissed. That is how, the special leave petitions have been filed.

3. In our view, there is no substance in these appeals. Both these appellants even though armed with licences from Telephone Department to run PCO (Pay Phone) booths at Chandigarh bus-stand, for a number of years, had to obtain suitable plots from the Chandigarh Administration at the bus-stand to locate their booths . The licences given to them were for a fixed period. In the licences granted to them by the respondent Administration, there is no provision for any right of renewal of the licences so as to run during the entire period of their respective licences granted to them under the Indian Telegraph Act By the authorities. The liceces were for a fixed period. Learned counsel for the appellants took us through the relevant clauses of the licences. They could not pin-point any clause under which any such right of renewal was guaranteed or granted to the appellants by the respondent-Administration. Learned counsel for the appellants vehemently relied upon clauses 3 and 14 of allotment orders which provided that allotment of space will be initially for one year. However, the Divisional Manager, Chandigarh, reserves the right to cancel the allotment any time by serving the notice of 30 days. The allottee also could get the allotment cancelled by serving the notice of 30 days; and it was further provided in clause 14 that the rent is applicable for the current year and can be enhanced at any time.Interpreting these clauses, the High Court rightly held that these clauses gave a discretion to the Chandigarh Administration to extend the period of licences. But, there is no right to the licensees to claim for extension of licences for any further fixed period. Consequently,











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