The Times of India 20.08.2010
HC stays MCD order to remove Metro hoardings
NEW DELHI: The Delhi high court on Thursday stayed the MCD order to remove commercial advertisement boards put up by Delhi Metro Rail Corporation (DMRC) at various locations in the city.
Justice Rajiv Sahai Endlaw, in an interim order, stayed till November 15 the civic agency’s notice to DMRC and its several clients, including ICICI Bank, Corporation Bank, Reliance Communications Ltd besides some well-known builders, for removal of the advertisements from Metro sites.
The court, however, asked DMRC to file a detailed report pertaining to the advertisements and the revenue collected by it quarterly to MCD and also said if the court decides in favour of MCD, the DMRC will have to cough up payment with interest.
Filing a petition, DMRC had sought quashing of the civic agency’s Delhi Outdoor Advertisement Policy (DOAP) 2008 in which it was mandated that DMRC has to seek MCD commissioner’s permission for display of any advertisement.
Under DOAP, DMRC has to share half of the revenue from commercial ads with MCD.
“The DOA policy framed by MCD, as also the relevant provisions under the law, relating to seeking permission of the commissioner before erection, exhibition of any advertisement in public view, would not be applicable to the petitioner (DMRC),” the Metro rail had argued.
DMRC counsel submitted that for the last few months, MCD has repeatedly issued notice not only to DMRC, but also its clients and contractors for removal of all commercial ads at its various sites. In the petition, DMRC also challenged MCD’s policy for sharing of revenue generated from commercial advertisements and sought withdrawal of the notices issued by the civic agency.
Appearing for MCD, lawyers Pinki Anand and Mini Pushkarna said DOAP and the land lease agreement with DMRC mandated the MCD commissioner’s permission before using its premises, land, buildings, posts, bridges, structures, vehicles and other properties for displaying commercial advertisements.
Similarly, DMRC has to share with MCD the revenue collected from commercial advertisements at various Metro sites. “According to the policy and agreement, DMRC has to share with the civic agency 50% of the revenue collected on MCD land and 25% of revenue collected on non-MCD land,” the counsels argued, adding that DMRC has displayed several commercial advertisements without complying with the conditions of lease agreement and DOAP.
