SHAMPA SARKAR,J. - (1.) The petitioner is the proprietor of M/s. Mahamaya Advertising. In this writ petition, the petitioner has impugned the demand for an amount of Rs. 41,77,989/- as Land Utilisation Charges (in short LUC) vide Bill Nos. 2013-2014L00833, 2014-2015L02716, 2014-2015L02717, 2014-2015L02718, 2014-2015L02719, 2015-2016L00566, 2015-2016L00567, 2015-2016L00568, 2015-2016L00569, 2013-2014L00834, 2014-2015L02720, 2015-2016L00570, 2015-2016L00571, 2015-2016L00572 and 2015-2016L00573 dated July 24, 2015 issued by the Kolkata Municipal Corporation.
(2.) The respondent No. 2, namely, Hooghly River Bridge Commissioners (in short HRBC) through the office of the respondent No. 3, that is, the Director (Pr. and Co.) issued notices inviting tenders. Agencies, individual firms and individual advertisers, who had adequate capacity to fabricate, erect and illuminate different types of display boards, hoardings, kiosks on different structures over bridges, flyovers, piers etc. were called upon to participate in the tender process.
(3.) The petitioner participated in the tendering process and the HRBC by two letters of acceptance dated June 12, 2013 and July 22, 2013 accepted the petitioner as the successful bidder for the job described in the tender notices. Agreements to that effect were also executed between the petitioner and the HRBC. HRBC permitted the petitioner to erect hoardings, kiosks, gantries etc., at their allotted site as described in the agreement out of the sites at Vidyasagar Setu, Gariahat Flyover, A.J.C. Bose Road Flyover, Beck Bagan Ramp, Park Street Flyover, Nager Bazar Flyover (Dum Dum), Kidderpur Flyover and Bridge all under the Hooghly River Bridge Commissioners. The petitioner was also required to erect installation and structures in order to display the advertisements on the basis of the terms and conditions of the tender process. The original site allotted was subsequently replaced. The petitioner in lieu of such selection had to pay to HRBC, the accepted value of each of the contracts as mentioned in the bid document. The contractor was also required to pay the amount as contained in terms and conditions of contract and instructions to bidders. Clauses 7, 8 and 12 of the instructions are set out below being relevant in this context. "7. A security deposit @ 10% of the value of the accepted contract should be submitted by the successful bidder along with his bid money, which should be valid for 3½ years i.e. upto 6 months beyond the stipulated period of contract (the contract period is 36 months i.e. 3 Years in this case). After expiry of contract and subsequent removal of hoarding structure within stipulated time the security deposit will be refunded without interest. 8. On issue of LOI (Letter of Intent) after completion of the structure the entire sum covering the chargers for 3 years (36 months) commencing from 61st day from the date of issue of LOA or date of erection of display board (whichever is earlier) as has been stipulated in the foregoing paragraphs No. 3, has to be deposited. On completion of the period of 3 years (36 months) the successful bidder will have to remove all his structures and displays at his own cost within 15 days commencing from the date of completion of 3 years. Failure to remove the structures/displays after the expiry of the contract period plus 15 days as mentioned above, shall be at the risk and cost of the successful bidder. The bidder will have no right on the display board or materials left on the structures or at the ground the HRBC shall have full authority to remove those and dispose as will be considered appropriate by HRBC Authorities. The security deposit will be forfeited. It is to be clearly understood by the tenderers that during the currency of their contract, access to the structures of flyover has to be made available to HRBC by temporary removal of the structures for carrying out maintenance work, at no cost to HRBC and there will be no rebate for such interruption except where the period exceeds 15 days. For interruption of 16 days or more, prorate refund or prorate extension of the terminal date of contract as will be decided by HRBC shall be admissible. The decision of HRBC will be final and binding in this regard and shall be treated as an excepted matter. 12. For installations of electric meters space may be allowed to be used which is available free of any HRBC's installation and is under control of HRBC and all expenditure for installation and removal of installation of electrical equipments has to be borne by the successful bidder. They have also to pay all levies taxes, viewer taxes, viewer taxes of Calcutta/Howrah Municipal Corporation, licensing free or any other statutory fees and taxes directly to those authorities and submit attested copies of those for record of HRBC takes no responsibility for waiver of any of the taxes. The selected agencies shall obtain necessary permission from the Municipal Commissioner after paying tax, fees and charges before display of advertisement within the jurisdiction of the Corporation by any means upon HRBC properties. This is a statutory provision. The extract of the Kolkata Municipal Corporation Act 1980 Chapter XIV is enclosed in the Tender document for ready reference. (The tenderer should obtain latest copy for full TEXT and reference of KMC/HMC as the case may be which is currently applicable)." ;