Excelsior Correspondent
Srinagar, June 3: The Division Bench of High Court today directed the Srinagar Municipal Corporation (SMC) not to give effect to its notice informing the general public to contact it directly for any hoardings and kiosks in Srinagar city till the writ court decides the issue.
The Division Bench of Chief Justice Pankaj Mittal and Justice Vinod Chatterji Koul disposed of the appeal of Srinagar Municipal Corporation challenging the order of writ court whereby the notice of Commissioner SMC asking general public that for advertisement to approach directly the Corporation for hoardings and kiosks.
Petitioner company-M/s Alpine Outdoor Media has challenged the impugned notice dated 15th of April, 2021 on the ground that the contract for putting up of advertisement hoardings allotted to the petitioner-company in the meeting held on June 23, 2020, wherein, it was decided that beyond April, 2021, petitioner company will be given extension of nine months on account of COVID-19 Pandemic etc.
The writ court while granting stay on the fresh notice issued by SMC said the decision of the respondents-corporation reflected in the meeting held on June 23, 2020, under the chairmanship of Commissioner SMC amounts to grant of extension in contract by supplementing the terms and conditions of contract for nine months beyond April, 2021 and denial whereof amounts to violation of rights of the petitioners.
SMC has challenged the stay order granted by single judge by way of appeal and the Division Bench while considering the issue involved in the matter recorded that the order of writ court by staying the impugned notice of SMC shall continue to remain stayed but directed that the extension of contract given to the aggrieved contractor shall not be given effect.
“Since the order impugned in this appeal is simply a stay order, the appeal would not be technically maintainable. However, as by the impugned order a positive direction to give effect to the minutes of the meeting held on June 23, 2020 for extension of the contract has also been issued”, DB recorded
The DB disposed of the appeal with liberty to SMC to take all objections that are available in law before the Writ Court and hoped that the Writ Court will consider the same and decide the writ petition or the stay application itself on merits expeditiously.
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