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2011 Supreme(P&H) 1626
2012 (2) RCR(Civ) 19
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
K. KANNAN J.
Commando Caterers Private Limited - Petitioner
Versus
Chandigarh Administration and others - Respondents
C.W.P. No.827 of 2010
Decided on: 02.09.2011
Mr. Gaurav Chopra, Advocate for the petitioner.
for U.T., Chanidgarh, Mr. Sanjay Kaushal, Sr. Standing Counsel Advocate for the Respondent
Mr. H.S. Sethi, Mr. A.R. Takkar, and Mr. R.K. Goyal, Advocate, for respondent No.4.
The judgment clarified the lack of an enforceable right for the petitioner based on the initial communication and emphasized the reasonableness of the restrictions imposed by the respondents.
Headnote:
DINNER IN THE SKY - Commercial Project - [Section 10, Section 17, Section 34, etc.] - The court analyzed the concept of 'dinner in the sky' introduced by the petitioner company and the restrictions imposed by the respondents. The court examined the reasonableness of the restrictions, the approval process, and the role of the 4th respondent. The judgment highlighted the lack of an enforceable right for the petitioner and the reasonableness of the restrictions imposed by the respondents.
Fact of the Case:
The petitioner introduced the concept of 'dinner in the sky' and sought permission to conduct the event at various locations. The respondents initially approved the concept but later imposed restrictions, leading to a dispute.
Finding of the Court:
The court found that the restrictions imposed by the respondents were reasonable and not indicative of bias. It also concluded that the petitioner did not have an unrestricted right to launch the project based on the initial communication and that there was no enforceable contract in place.
Issues: The key issues included the reasonableness of the restrictions, the enforceability of the initial communication, and the alleged bias of the 4th respondent.
Ratio Decidendi: The judgment established that the petitioner did not have an unrestricted right based on the initial communication, and the restrictions imposed were reasonable. It also emphasized that there was no binding contract and no evidence of bias on the part of the 4th respondent.
Final Decision: The writ petition was disposed of, subject to specific directions regarding the removal of a particular condition and the possibility of entering into a Memorandum of Agreement with the petitioner for the Sky Event Installation.
K. KANNAN J.
1. The petitioner-company introduced into India, of what it claims as the first in Asia, a concept of “dinner in the sky”. That allows for hoisting a hanging restaurant at a height of 165 feet to cater to a dinning experience for 22 guests seated around a table, apart from 6 crew members consisting of 2 chefs, 2 air hostesses, one camera man and the security staff. The concept is said to be invented and promoted by a Belgium Company and the petitioner company claimed to be a partnership franchise for India to promote it for entertainment of public at any sports ground or cultural site or tourist or picnic site in the city. It is claimed by the petitioner company that this concept is being operated in more than 30 countries throughout the world and the petitioner company had mooted the idea to the Chandigarh Administration by addressing a letter to the Administrator with copy supplied to the Secretary, Tourism Department, Chandigarh. The petitioner is said to have pursued his representation with demonstration of the concept at meeting with the Deputy Commissioner and the Director Tourism on 22.07.2009. The Tourism Department is also believed to have been informed subsequently on 24.07.2009. This is represented to have been discussed again on 3.8.2009 amongst the Deputy Commissioner, U.T., Director Tourism and an official belonging to the Engineering Department in the presence of the Managing Director of the petitioner company. Since setting up this event constituted serious safety issues, a three member committee is reported to have been constituted by the 1st respondent, comprising of the Deputy Commissioner, Director Tourism and an officer of the Engineering Department to examine the modalities regarding launching of the ‘Sky Events’ concept. The petitioner files in proof of the contention, the file notings on his letter seeking for permission and for an opportunity to give a presentation of the viability of the project. The notings revealed that different aspects regarding safety, location of the land and promotion of tourism had been discussed and the Director Tourism had placed it before the Administrator, U.T. for information on 07.08.2009. On 08.09.2009, there was an endorsement that the Administrator, U.T. approved of the launching of the concept and a letter of intent in favour of the petitioner was suggested to be drafted and put up for approval.
2. On 14.09.2009, the Deputy Commissioner, U.T. informed the petitioner that the proposal regarding the launching of the Sky Event had been approved by the Chandigarh Administration subject to certain terms and conditions. Since this communication forms the basis of the petitioner's contention, it is appropriate to reproduce the same:-
“(i) The Sky Events will be held during all major mega events in the city relating to Tourism and tentative venues where this event can be held with prior permission is as under:-
Sector 17 adjoining Shivalik View, Opposite Parade Ground, Sector 17 Plaza, Sukhna Lake, Leisure Valley, Sector 10, Ground Sector 34, Public Places for Events, Product Promotions, Conferences and Celebrations-Chandigarh Club, Rock Garden, Lake Club, Press Club, Cricket Stadium, Hockey Stadium, Panjab University, Kala Gram or any institution for e.g. Mountview, I.T. Park, CII etc.
(ii) Since the Sky Events will be launched through the mobile vehicles, the vehicles will have to be got registered by the Registering and Licensing Authority.
(iii) Use of The Sky Events for more than 12 hours will entail payment of the ground fee by the promoters on the rates prescribed by the Administration/Municipal Corporation from time to time.
(iv) You are further required to sign a Memorandum of Understanding with the Tourism Department, Chandigarh.
Since the project relates to Tourism Department, U.T., you are requested to consult the Director Tourism for further clarification, if any.
3. All the leading newspapers carried reports of the imminent launch of th
