Mr. Abdul Shariq Nizami v. New Delhi Municipal Council

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1209/2019 MR. ABDUL SHARIQ NIZAMI ..... Petitioner Through : Mr.Anirudh Bakhru and Mr.Ayush Puri, Advocates versus NEW DELHI MUNICIPAL COUNCIL ..... Respondent Through : Mr.Harsha Peechara, ASC with Mr.Ashish Tiwari, Ms.Gauri P.Desai and Ms.Kirti Sinha, Advocates

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 07.02.2019 CM Appl. No. 5471-5472/2019 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 1209/2019, CM Appl. No. 5470/2019 This petition challenges the impugned letters of refusal dated 13.08.2018 and 07.09.2018 issued by Joint Director (Enforcement) as illegal and arbitrary. The petitioner filed the letters dated 27.03.2018 and 20.08.2018 seeking permission for display advertisements over a public amenity in the form of drinking water facility. It is submitted such applications were rejected under S.No.1.6.iv. of Delhi Outdoor Advertising Policy, 2017. It is submitted by learned counsel for the petitioner his case is not covered under the said category and instead the application was moved under category 2.2 of the Delhi Outdoor Advertisement Policy, 2017. The categorisation under the Policy are as under :-

Category :

Large-format advertisements, mainly fixed on billboards/Unipoles/Bipoles/Variable Message advertising device such as LED, LCD Screens etc./and bridge/flyover panels etc; Category 2 : Advertisements mounted on public amenities, like public toilets, garbage collection points/Flag Signs etc;

Category 3 : Fleets and transport related infrastructure; Category 4 : Advertisement devices for self-advertising in commercial areas Learned counsel for the petitioner has also taken me to summary of category 2 devices viz.

6.2 Summary of Category-2 devices Description of device Status S.

No.

Permitted subject to General and Specific Permission Criteria 2.1 Public amenity mounted devices:

Garbage and toilet facilities Permitted 2.2 Devices Mounted on Service Oriented facility Permitted 2.3 Devices mounted on Roadside kiosks Permitted 2.4 Devices along with Information for public Permitted Learned counsel for the petitioner has taken me to specific conditions and provisions : Category 2 :

7.2 Specific conditions and provisions : Category 2 S.No. Type General description Specific parameters 2.2 Devices mounted On service oriented Facility <70% of the visible area to Public It is submitted by learned counsel for the petitioner that a bare Drinking water, kiosk outside colony to facilitate payment of bills/etc. (G2C kiosk)

perusal of the refusal letter would reveal it was complete nonapplication of mind as it did not decide if the petitioner's case is covered under category 1.6.iv. or under category 2.2. Hence at this stage the petitioner requests his representation made on 13.09.2018 be considered by the respondent. Further the petitioner would also file the location chart of the subject facility and on his so filing, the representation dated 13.09.2018 be disposed of by reasoned/speaking order within three weeks thereof. The petition along with application, if any, stands disposed of. Order dasti under signature of the Court Master. YOGESH KHANNA, J.

FEBRUARY 07, 2019 VLD