( 1 ) IN this Writ the Petitioner has prayed for a remission in the rate of Licence Fee for the right to display advertisements on electric poles falling within Zone-II and Zone-III in the NDMC area. This remission is prayed for on the premise that the Deputy Commissioner of Police (Traffic) has disallowed the display of advertisements on poles within close proximity of traffic signal lights; of allocation of certain areas to the Delhi Metro Rail Corporation in Zone II and III which areas cannot, therefore, be exploited by the Petitioner; and non-availability of electric poles for display of advertisements in Jor Bagh, Golf Links and Amrita Sher Gill Marg areas due to obstruction and resistance faced from Resident Welfare Association in those areas.

( 2 ) THE concerned tender document inter alia stipulates thus:-

"enforcement DEPARTMENT new DELHI MUNICIPAL COUNCIL pragati BHAWAN: JAI SINGH ROAD: new DELHI-110 001 memorandum OF INFORMATION FOR LICENSING OF ELECTRICITY POLES FOR DISPLAY OF ADVERTISEMENT ON KIOSKS FOR ZONE NO. II and III. 1. Cost of Tender Application Form rs. 1,500/-2. Last date of issue of Tender Form 07-11-2003 (upto 1:00 PM) 3. Late date and time of receipt of Tender Application Form 07. 11. 2003 (upto 3. 30 PM) (To be dropped in the Tender Box placed outside the room of Director (Enf), NDMC, 4th floor, Pragati Bhawan, Jai Singh Road, New Delhi)4. Date and time of opening of tender in the room of Director (Enf), NDMC, 4th floor, Pragati Bhawan, Jai Singh Road, New Delhi) 07. 11. 2003 at 4. 00 PM5. Amount of Earnest Money in the form of Bank Draft to be enclosed with each Tender form Rs. 1,00,000/- (a) The tenderers are advised in their own interest to visit/inspect and satisfy themselves with regard to the number of electricity poles in question falling in each Zone dispute/request with regard to the number of electric poles or for proportionate decrease in amount of licence fee or refund on this score shall be entertained after acceptance of the tender during the term of contract. (b) Tender/application form duly filled in and property sealed together with Bank Draft as Earnest Money mentioning the number and date of Bank Draft on the cover of the envelope should be dropped only in the Tender Box specified for the purpose and placed outside the room of Director Director (Enf), NDMC, 4th floor, Pragati Bhawan, Jai Singh Road, New Delhi. Covers containing tenders not superscribed with details of Bank Draft on account of Earnest Money and Zone No. shall not be opened and considered. (c) Incomplete forms and/or forms having cuttings, over-writings, erasing etc. will not be entertained and are liable to be rejected. In this connection, decision of the competent authority shall be final and binding. (d) The allotment shall be made purely on `as Is Where Is Basis in each zone and no representation on any account, whatsoever, shall be entertained in this regard. (e) The Council reserves the right of allotment/withdrawal of said Electricity Poles for Display of Advertisement on Kiosk and to reject any/all tenders without assigning any reason whatsoever. 6. Details of roads/places where display of Advertisement is not allowed. @@ s. No. Name of the Road/place 1. Dandi March, S. P. Road. 2. In the vicinity of PM House. 3. Round-about of Teen Murti 4. Shanti Path, Moti Bagh 5. C-Hexagon, India Gate 6. Tolstoy Marg 7. Rajpath 7. Zonewise Delineation of NDMC area alongwith map indicating the Zones in different colours for display of advertisement is attached. 8. The advertisement shall be displayed on a standard size board measuring 30"x 40" in vertical position to be provided at a height of 8ft. (2. 44 mtrs) from the surface of the ground and shall be in proper alignment. Only one such board containing double sided advertisement will be displayed on each pole. Signature of Tender/applicant address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .