Point of Law: Court has not expressed any opinion on merit with regard to grievance raised in the petitions. It is independently open for the authority to take appropriate decision in accordance with law on the basis of material available on record and it is made clear that as agreed upon till the decision is taken no coercive steps will be taken against petitioners and if the decision is against the petitioner, the same can be challenged by way of proceedings before the appropriate forum.

ORDER :

1. By way of this group of petitions arising out of a similar controversy the petitioners under Article 226 of the Constitution of India have challenged the action of respondent authority in respect of recovering any amount towards the license fees for hoardings in private properties in Surat City for the period commencing from 22.03.2020 i.e the date of lockdown till normalcy is restored or at least for a period of six months from the said date i.e. 22.03.2020 and from demolishing the hoardings of the petitioners and taking any coercive action.

2. Since this group of petitions has raised identical issue it appears that these petitions have been clubbed together for its consideration and as such, a request is made by the learned advocates appearing on behalf of both the sides to dispose of by a common order. As a result of this, for the sake of convenience out of this group Special Civil Application No.7436 of 2021 is treated as a lead matter and facts are taken from the said petition.

3. The background of facts of this lead petition are that the petitioner is a proprietary concern, carrying on the business of advertising and in respect of such business for exhibiting advertisements in private properties the hoardings are being placed. In respect of such hoardings and the exhibition of advertisement, the respondent No.1 i.e. the Surat Municipal Corporation has started taking license fees and the same is being charged under Sections 386(2) of the Gujarat Provincial Municipal Corporations Act, 1949.

3.1 It is the case of the petitioner that pursuant to declaration of nation-wide lockdown initially for three weeks from 23.03.2020, the directions have been issued to take appropriate measures in the line of provisions of Disaster Management Act and the Epidemic Diseases Act, 1897 and because of this prevailing Pandemic COVID-19 situation, the said lockdown has resulted in restriction of movement of peoples. Not only the movement was barred totally but even offices were also to be closed including the petitioner's staff was also stopped from coming and practically the business of the petitioner was made to a standstill and this has happened with almost all persons across the country. It is submitted that on account of this lockdown effect, the petitioner was also stopped receiving orders for placing advertisements and in the meantime before the imposition of lockdown, the Government of Gujarat was also requested by the petitioner and other similarly situated advertisers to display advertisements regarding COVID-19 on some of their hoardings placed in private properties which the petitioner willingly did. The respondent also did not supervise or regulate the hoardings in private properties during the entire period of lockdown.

3.2 It is the case of the petitioner that on account of this situation which is prevailing, the petitioner made a request to the respondent authority to grant some relief in the matter of payment of license fees for hoardings in private properties. The last in line, a representation dated 18.02.2021 and through the Advertisements Association also a request was made but the State Government on 28.04.2021 inter alia praying for relief and waiver of payment of license fees for the said period. On account of this situation which has abruptly occurred in the interregnum on 04.06.2020, the Chief Minister of the State of Gujarat also came out with an Atmanirbhar relief package granting relief to various industries / sectors / enterprises / public and the said relief package envisaged the relief in payment of property tax, staggered payment of electricity dues and various other reliefs to certain sectors / enterprises / persons. On account of this situation of crisis practically 90% sites of hoardings lying vacant of the petitioner. The petitioner despite aforesaid bona fides paid the license fees for a period of thr