Delhi High Court
Planet Advertising Pvt. Ltd. vs North Delhi Municipal ... on 13 August, 2021
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 13th August, 2021
+ W.P.(C) 8342/2021
PLANET ADVERTISING PVT. LTD. ..... Petitioner
versus
NORTH DELHI MUNICIPAL CORPORATION ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Kapil Sibal, Mr. G.Tushar Rao, Senior Advocates with
Mr. Kunal Kalra, Advocate.
For the Respondents : Ms. Mini Pushkarna, Standing Counsel, North DMC with
Ms. Latika Malhotra and Ms. Khushboo Nahar, Advocates.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
1. The hearing was conducted through video conferencing.
2. Petitioner impugns show cause notice dated 22.07.2021
whereby a notice has been issued to the petitioner on the ground that
none of the cycle shelters allotted to the petitioners are working and
there are no attendants present to aid or held the users.
3. Learned Senior Counsel appearing for the petitioner submits
that the very basis of the show cause notice is incorrect and there is no
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:14.08.2021
Signing Date:14.08.2021 14:58:10 13:40
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
material with the respondent to hold that the cycle shelters are not
functional.
4. Learned Senior Counsel submits that the whole system is a
mobile application based system where the user does not need help of
an attendant and needs to only book the cycle online and pick it up
from any of the shelters and drop it later at any of the shelters. The
payment is also deducted online through the online application.
5. Further it is contended that there is substantial digital date to
show that the cycle shelters are operational and are being extensively
used. Petitioners have also placed on record over e-mail of the Court
Master, the data of the usage of the application.
6. Learned Senior Counsel for the petitioner submits that the data
is real time and is also available for the preceding period from the
commencement of operation. He further submits that this data was
also furnished to the respondent on 10.08.2021.
7. Further learned Senior Counsel for the petitioner submits that
the basis of the show cause notice as well as cancellation order dated
11.08.2021 that the cycle shelters are not operational and the cycles
are not being used is incorrect.
8. Learned counsel appearing for the respondent-Corporation
objects to the maintainability of the petition on the ground that the
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:14.08.2021
Signing Date:14.08.2021 14:58:10 13:40
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
agreement is terminable and there is also an arbitration clause. She
further submits that on 10.08.2021 the agreement has been terminated
and the copy of the order dated 11.08.2021 has been e-mailed to the
Court Master.
9. Prima facie a look at the data that has been submitted by the
petitioner for the period 01.01.2021 till 31.07.2021 shows as many as
6261 entries of cycles having been used for various durations. This is
an average of 900 entries per month and also includes the lockdown
period.
10. Perusal of the cancellation order dated 11.08.2021 shows that a
hearing was granted to the petitioner, however, the order merely
records that during hearing the representative of the petitioner had
appeared and had admitted to deficiencies and shortcomings in
carrying out the allotted work and a reply was submitted but the same
was not found satisfactory.
11. The order does not record any finding with regard to the usage
of the cycle shelters.
12. Learned counsel for the respondent disputes that the usage data
was furnished to the respondent, however she, without prejudice,
submits that respondents are willing to take a fresh look at the matter
in view of the fresh data furnished and pass a fresh order.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:14.08.2021
Signing Date:14.08.2021 14:58:10 13:40
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
13. In view of the above, order dated 11.08.2021 cancelling the
contract is set aside and the matter is remitted to the Commissioner
(North MCD) for having a fresh look at the matter and to pass a fresh
speaking order after giving an opportunity of hearing to the petitioner.
14. The petitioner/authorized representative shall appear before
Commissioner (North MCD) on 18.08.2021 at 11.00 a.m. The
petitioner or authorized representative shall produce entire data in a
digital from and if possible show a demonstration to the
Commissioner (North MCD) of the online application and its usage.
15. Thereafter, the Commissioner (North MCD) shall pass a fresh
speaking order in accordance with law. It is clarified that this is
without prejudice to the rights and contentions of the parties and also
without expressing any opinion on the objections of the respondent
about the maintainability of the writ petition in the facts and
circumstances of the case. Said issue is left open.
16. The petition is disposed of in the above terms.
17. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
AUGUST 13, 2021/'rs' SANJEEV SACHDEVA, J
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:14.08.2021
Signing Date:14.08.2021 14:58:10 13:40
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
