IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.18093 of 2008 Date of Decision: 02.07.2009 M/s Dolphin Advertisers Petitioner Versus Municipal Corporation Amritsar & another Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.Varinder Kumar Sandhir, Advocate for the petitioner Mr.Vinish Singh, Advocate for the respondents ….. Jasbir Singh, J.(Oral) C.M. No.10553 of 2009 CM allowed. Photographs taken on record. CWP No.18093 of 2008 By filing this writ petition, the petitioner has prayed that a writ of certiorari be issued to quash order/ letter dated 7.10.2008 (Annexure P9), vide which the petitioner has been directed to shift ‘pedestrian over-bridge’ from its existing place to some other place on its cost. It is not in dispute that vide agreement dated 1.7.2005 (Annexure P1), rights to advertise and display advertisement boards etc. were given to the petitioner against consideration for a period from 1.7.2005 to 30.6.20010. It is case of the respondent-Municipal Corporation that in view of letter written by ‘Shiromani Gurdwara Prabandhak Committee’, the Municipal Committee wishes to shift ‘pedestrian over-bridge’ to some other place. At that stage, this writ petition was filed by the petitioner with a prayer to quash order dated 7.10.2008 (Annexure P9). Counsel for the parties heard. Civil Writ Petition No.18093 of 2008 So far as shifting of ‘pedestrian over-bridge’ from one place to other place is concerned, there is no dispute that Municipal Corporation has an absolute right to do so. If in that process any right of the petitioner is going to be affected, the parties shall be governed by the agreement between them (Annexure P1). The petitioner be at liberty to ask for alternative site or may sue the Municipal Corporation for damages, as per terms and conditions of that contract. Order Annexure P9 dated 7.10.2008 reads thus:- “In the above referred subject you were allotted Foot Over Bridge which was constructed earlier by Municipal Corporation for advertisement as per the agreement executed between Municipal Corporation and you on 1.7.2005 vide resolution No.OA-39 dated 12.8.08(12.8.05). Now keeping in view the sentiments of devotees, and applications of Shri Darbar Sahib, it directed to shift this step bridge to other place with in one month from the receipt of this letter. This process shall commence with in one week. In the case of not doing so, this step bridge would be removed by Municipal Corporation and the agreement executed with you shall be deemed to be over. For instructions/ directions in shifting of step Bridge to other place, the undersigned can be contacted.” The petitioner is primarily aggrieved against the directions given to it to shift the above said bridge at its cost. This Court feels that such like directions cannot be issued to the petitioner. The petitioner has acquired only right of advertisement on the bridge, in dispute. It cannot be burdened with cost of shifting the bridge from its existing place to some 2 Civil Writ Petition No.18093 of 2008 other place. To that extent direction is absolutely unjustified. Counsel for the respondent-Municipal Corporation has failed to support the same at the time of arguments. In view of above, directions issued to the petitioner, in letter Annexure P9, directing it to shift the bridge from one place to other place, are quashed, however, liberty is left with the Municipal Corporation to shift this bridge, if need be, to some other place at its own cost. The writ petition stands disposed of. 02.07.2009 (Jasbir Singh) gk Judge 3