Delhi High Court - Orders
Himalayan Flora And Aromas Pvt Ltd vs East Delhi Municipal Corporation on 12 January, 2022
Author: Vipin Sanghi
Bench: Vipin Sanghi, Jasmeet Singh
$~46-48.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 642/2022 & CM APPL. 1842/2022, CM APPL. 1843/2022
HIMALAYAN FLORA AND AROMAS PVT LTD..... Petitioner
Through: Mr. Anand Mishra, Advocate.
versus
EAST DELHI MUNICIPAL CORPORATION ..... Respondent
Through: Mr. Gaurang Kanth, Standing
Counsel and Ms. Biji Rajesh,
Advocate with Mr. Yogesh Dhingra,
Assistant Commissioner
(Advertisement Department) for the
respondent/ EDMC.
+ W.P.(C) 643/2022 & CM APPL. 1844/2022, CM APPL. 1845/2022
APPEAR OUTDOOR MEDIA ADVERTISING ..... Petitioner
Through: Mr. Anand Mishra, Advocate.
versus
EAST DELHI MUNICIPAL CORPORATION ..... Respondent
Through: Mr. Gaurang Kanth, Standing
Counsel and Ms. Biji Rajesh,
Advocate with Mr. Yogesh Dhingra,
Assistant Commissioner
(Advertisement Department) for the
respondent/ EDMC.
+ W.P.(C) 650/2022 & CM APPL. 1865/2022, CM APPL. 1866/2022
CHITRA ADVERTISING SERVICES ..... Petitioner
Through: Mr. Anand Mishra, Advocate.
versus
EAST DELHI MUNICIPAL CORPORATION ..... Respondent
Through: Mr. Gaurang Kanth, Standing
Counsel and Ms. Biji Rajesh,
Advocate with Mr. Yogesh Dhingra,
Assistant Commissioner
(Advertisement Department) for the
Signature Not Verified
Digitally Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:12.01.2022 12:53
respondent/ EDMC.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 12.01.2022
1. Mr. Mishra, learned counsel for the petitioners, states that he has filed the affidavits in terms of the last order, however, they have not come on record. The relevant aspects of the affidavits have been shared with the Court on screen. Mr. Kanth has also projected figures before us to show the position with regard to payment of license fee by the petitioners before us.
2. The grievance of the petitioners is that on account of the ongoing Pandemic, the petitioners were not able to pay the license fee required of them as per the agreements with the respondent/ East Delhi Municipal Corporation (EDMC) in respect of the advertising sites licensed to the petitioners. The EDMC has rejected the requests of the petitioners and other similarly situated advertisers seeking suspension/ remission in the matter of payment of license fee, in December 2021. On the other hand, the South Delhi Municipal Corporation (SDMC) has adopted a more reasonable and prudent approach and granted exemption/ remission from payment of license fee in terms of the agreements.
3. We had required the petitioners, as well as the respondent/ EDMC to place before us the figures with regard to the outstanding liability towards payment of license fee, and also to indicate that if - as an interim measure, we were to adopt the same yardstick as adopted by the SDMC in the matter Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:12.01.2022 12:53 of grant of exemption/ remission from payment of license fee, whether the petitioners can claim that they have made payment of license fee at least to that extent.
4. The position that emerges before us is that so far as the petitioner in W.P.(C.) No. 642/2022 is concerned, the said petitioner has made payment of license fee, by which he would be covered with the yardstick adopted by the SDMC; the petitioner in W.P.(C.) No. 643/2022 is falling short of Rs. 22 Lakhs; and the petitioner in W.P.(C.) No. 650/2022 is falling short of Rs.5 Lakhs, even if the said yardstick is adopted as an interim measure and without prejudice to the rights & contention of the parties.
5. Mr. Mishra submits that apart from the three petitioners, there are several other contractors who have approached the Court and whose petitions have been filed and not yet listed before the Court; and there are several others who have not yet approached the Court at all.
6. In our view, since we are inclined to grant interim relief to the petitioners, the same should be extended to others, who may or may not have filed similar writ petitions raising the similar grievance. We, therefore, direct that in case any of the existing contractors makes payment of license fee today itself, so as to comply with the orders of exemption/ remission passed by the SDMC, as an interim measure, they shall be issued No Dues Certificate by the respondent/ EDMC and they shall be entitled to participate in the tendering process - the last date whereof is presently fixed for today till 02:00 p.m.
7. Mr. Kanth states that Mr. Yogesh Dhingra, Assistant Commissioner (Advertisement Department), Mobile No.9873515257, would be available in Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:12.01.2022 12:53 Room No.419, Udyog Sadan, Patparganj Industrial Area, Delhi - which is also the Headquarters of the EDMC, and any of the existing contractors can approach him to make payment and for issuance of No Dues Certificate.
8. Even though payments are generally accepted only through Demand Draft/ Pay Orders prepared by the banks, in view of the shortage of time, we permit the contractors to submit cheques. The acceptance of cheques shall be subject to realisation, and in case the cheques are dishonoured, the bid of the concerned contractor/ bidder shall be liable to be rejected on that ground alone. In case the petitioners and other contractors make payment, as aforesaid, their bids shall not be rejected on account of the outstanding dues, without prejudice to the rights & contentions of the parties and further orders that may be passed in appropriate proceedings.
9. Mr. Mishra also states that the order rejecting the prayer for exemption/ remission from payment of license fee has already been challenged in a separate writ petition. We make it clear that in case the same is not challenged or the same fails, the petitioners shall pay up the license fee.
10. The petitioners/ bidders shall also file an undertaking along with their bids that they shall pay the outstanding dues towards license fee, as and when found payable by them, for the past period. Whatever payments shall be made by the petitioners and other bidders, shall be subject to reconciliation.
11. We, therefore, dispose of these petitions. The issue with regard to payment of further license fee, if any, for the past shall abide by the decision that may be taken in such other proceedings.
Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:12.01.2022 12:5312. We direct the respondent/ EDMC to forthwith upload the operative portion of this order on their website for information of all the contractors/ prospective bidders who may wish to avail of the benefit thereof.
13. The petitions stand disposed of in the aforesaid terms.
VIPIN SANGHI, J JASMEET SINGH, J JANUARY 12, 2022 B.S. Rohella Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:12.01.2022 12:53