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2017 Supreme(Mad) 3592
IN THE HIGH COURT OF JUDICATURE AT MADRAS
INDIRA BANERJEE, M. SUNDAR, JJ.
P.S. Prabu - Petitioner
Versus
Chennai Metro Rail Limited (CMRL) & Another - Respondents
W.P. No. 28321 of 2017 & WMP. Nos. 30430 & 30431 of 2017
Decided On : 10-11-2017
Advocate Appeared:
For the Petitioner:V.P. Sengottuvel, Advocate
For the Respondents:V.C. Selvasekaran, Advocate
The importance of adhering to tender documents and obtaining all requisite permissions and licenses in compliance with the applicable legal framework.
Headnote:
Advertisement Rights - Licensing of Hoardings - Chennai City Municipal Corporation Act, 1919, Sections 326-B, 326-BB, 326-C, 326-J - The judgment discusses the provisions of the Chennai City Municipal Corporation Act, 1919, particularly Sections 326-B, 326-BB, 326-C, and 326-J, which regulate the licensing and erection of hoardings and banners. The court emphasizes the requirement of obtaining licenses and permissions in compliance with the Act and the Rules and Regulations framed thereunder. The judgment distinguishes a previous case where permissions were granted contrary to guidelines and policies, highlighting the importance of adhering to the tender documents and obtaining all requisite permissions and licenses.
Fact of the Case:
The petitioner challenges the tender for licensing of advertisement rights on piers and portals along the corridor I & II of phase 1 in CMRL network, citing the absence of prior license under Section 326-C of the Chennai City Municipal Corporation Act, 1919.
Finding of the Court:
The court finds that the challenge to the tender notice is premature and misconceived, as all requisite permissions and licenses have to be obtained in compliance with the tender documents.
Issues: Challenge to tender notice based on absence of prior license under Section 326-C of the Chennai City Municipal Corporation Act, 1919.
Ratio Decidendi: The requirement of obtaining licenses and permissions in compliance with the Act and the Rules and Regulations framed thereunder, as well as the dismissal of the challenge to the tender notice as premature and misconceived.
Final Decision: The writ petition challenging the tender notice is dismissed. No costs. Consequently, WMP.Nos.30430 & 30431 of 2017 are closed.
Indira Banerjee, J.
1. In this writ petition, by way of public interest litigation, the petitioner is challenging the tender for licensing of advertisement rights on piers and portals along the corridor I & II of phase 1 in CMRL network in BD/PIII/452/2016/1, July 2017.
2. The main ground of challenge is that prior license has not been obtained under Section 326-C of Chennai City Municipal Corporation Act, 1919 (hereinafter referred to as “said Act”).
3. Before adverting to Section 326-C of the said Act, it would be pertinent to refer to Sections 326-B and 326-BB of the said Act, which are set out herein below for convenience:
“326-B. Prohibition for erection of hoardings.-(1) No hoarding shall be erected at any place, on or after the 23rd day of July, 1998 (hereafter in this section referred to as the said date) by any person without obtaining a licence from the Commissioner.
(2) Every person who has erected any hoarding without obtaining a licence and which is in existence immediately before the said date shall apply for a licence in accordance with the provisions of this Chapter within thirty days from the said date.
326-BB. Regulation of erection of digital banners and placards.- (1) No digital banner or placard for exhibiting any advertisement or information for a period not exceeding six days shall be erected by any person without obtaining prior permission from the Commissioner.
(2) Every application for permission under sub-section (1), shall be made, in writing, to the Commissioner fifteen days prior to the date of erection of digital banner or placard in such form, containing such particulars and with such fee, as may be prescribed.
(3) The permission for erection of digital banner or placard may be granted for such purpose and for such period, not exceeding six days and subject to such conditions as may be specified by the Commissioner.
(4) The Commissioner may refuse to grant permission for the reasons to be recorded in writing.
(5) Every person who has erected the digital banner or placard after obtaining the permission, shall, on expiry of such permission remove the same and dispose it, without causing any hazard to health or environment, in such manner as may be prescribed.”
4. Section 326-C of the said Act provides:
“326-C. Application for licence.- (1) Every application for licence under this Chapter shall be made to the Commissioner in such form, containing such particulars and with such fee, as may be prescribed.
(2) The Commissioner may, after local inspection, grant a licence with such conditions or directions, subject to such rules as may be prescribed.
(3) The Commissioner may refuse to grant licence for reasons to be recorded in writing :
Provided that a licence shall not be refused unless the applicant has been given an opportunity of making his representation.
(4) Every licence granted under subsection (2) shall be valid for such period as may be prescribed and may be renewed from time to time.
(5) The fee paid under sub-section (1) shall be credited to the Corporation account in such manner as may be prescribed.”
5. Learned counsel for the petitioner has also referred to Section 326-J(1) of the said Act, which is also set out herein below:
“326-J. Prohibition of erection of certain hoardings, diginal banners or placards. - (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or in any judgment, decree or order of any court, tribunal or other authority,-
(a)(i) Where any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of traffic and which is in existence immediately before the date of the commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (Tamil Nadu Act 26 of 2000) (hereafter in this section referred to as the amendment Act), the Commissioner shall by notice in writing require the licensee or any person in poss
