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2009 Supreme(Bom) 843

A.P.BHANGALE, D.D.SINHA
Sandeep Diwakar Joshi – Appellant
Versus
Corporation of the City of Nagpur – Respondent


Advocates appeared
Mr. C. V. KALE, Advocate for Petitioner.
Mr. C. S. KAPTAN, Advocate for Respondents No.1 and 2.
Mr. P. C. MADKHOLKAR, Advocate for Respondent No.3.

A. P. BHANGALE, J.:- Heard submissions.

2. This petition is directed against contract dated 30.5.2005 entered into between the Nagpur Municipal Corporation (respondent no. 1) and Dattatraya Advertising Company (respondent no.3). The petitioner seeks quashing of the entire tender process relating to the contract for erection of Cantilever/ Gantry Road Sign Board System and also seeks mandamus to the respondents to remove all the gantries erected on the roads of the city pursuant to the said contract.

3. Briefly stated, it is the case of petitioner that in the year 2001 outdoor advertising policy was promulgated by the Nagpur Municipal Corporation for City of Nagpur after the decision to beneficially use the back-side of Cantilever for advertisement on 27.2.2004. Advertisement was published inviting tenders for grant of contract for advertisements on existing cantilever signboards by reserving any right to reject or accept any tender in the interest of the Corporation. Another tender notice dated 1.4.2004 was published offering advertising media right for cantilever; Gantries Road sign Boards on Build, Operate and Transfer (BOT) basis. On 4.8.2004 one more tender notice offering adve

















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