K.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2666 OF 2008 WRIT PETITION NO.2666 OF 2008 WRIT PETITION NO.2666 OF 2008 Abha Surender Gulati )..Petitioner Vs. Western Railways & Ors. )..Respondents ---- Mr.Rajiv Narula i/by Jhangiani, Narula & Associates for the petitioner. Mr.Suresh Kumar for respondent nos.1 & 2. Mr.Navin Parekh i/by Ms.Hetal Patel for respondent no.3. ---- Coram : D.K.Deshmukh & Coram : D.K.Deshmukh & Coram : D.K.Deshmukh & R.S.Mohite,JJ R.S.Mohite,JJ R.S.Mohite,JJ Date : 8.4.2009. PC 1. Rule, returnable forthwith. Heard finally by consent of the parties. By consent of the parties, petition is disposed of in the following terms :- (i) Respondent nos.1, 2 & 4 shall if they have not already done it, issue a fresh tender inviting offers in relation to the hoardings which are subject matter of this petition within a period of 12 weeks from today and shall complete the process and allot contract in accordance with law within a period of 12 weeks from the date of publication of the tender. : 2 : (ii) Assistant Commercial Manager (Advertisement), Commercial Department, Divisional Railway Manager’s Office, Mumbai Central, Mumbai, shall within a period of 2 weeks from today, calculate the amount payable by respondent no.3 in relation to the hoardings that respondent no.3 is using and which are subject matter of this petition at the rate which was offerred by the petitioner in his offer submitted pursuant to the tender notice and communicate to the respondent no.3. The respondent no.3 shall subject to his right to dispute the correctness of the amount and other details, deposit the amount and continue to pay the amounts at that rate till final orders are made pursuant to the tender notice to be published now and he will hand over possession of the site in case any other person becomes entitled to the site pursuant to the fresh tender notice. The amount is to be calculated by the aforesaid authority payable by respondent no.3 from the month of October-2008 till the month of March-2009. The officer shall also communicate to the respondent no.3 the monthly amount that will be payable by respondent no.3 in relation to each hoarding. While communicating the amount the officer shall give credit to the respondent no.3 for the amount that he might have paid for the aforesaid period. In case the respondent no.3 deposits the : 3 : amount relation to the period from October-2008 within a period of 2 weeks from the date of receiving the communication, respondent no.3 shall be permitted to continue to display advertisements from the hoardings on the same terms and conditions on which he is presently using the site except the enhanced amount as indicated above till the process pursuant to the new tender notice is complete. In case respondent no.3 fails to deposit the amount, the authority shall take steps to take possession of the sites and hand over the site to the petitioner subject to the same terms and conditions and the petitioner shall be continued also till the new contractor comes in after completion of the process pursuant to the new tender. 3. Rule made absolute in the above terms. (D.K.Deshmukh,J) (D.K.Deshmukh,J) (D.K.Deshmukh,J) (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)