BRIHAN MUMBAI ELECTRIC SUPPLY TRANSPORT UNDERTAKING Vs. LAQSHYA MEDIA P LTD

JUDGEMENT

(1.) LEAVE granted.

(2.) ALL these appeals are directed against the final order and judgment dated 19. 11. 2008 passed by the High Court of Judicature at Bombay in Writ Petition No. 1344 of 2007 whereby the High Court allowed the writ petition filed by Laqshya Media Private limited and Alok Jalan of Mumbai and set aside the work orders/contracts awarded to bennett Coleman and Co. Ltd.- Respondent no. 4 and Prithvi Associates- Respondent No. 5 by the Brihan Mumbai Electric Supply and transport Undertaking (hereinafter referred to as the "best") in respect of Bus Queue shelters and directed the BEST to invite fresh tenders as required under Section 460m of the Mumbai Municipal Corporation Act, 1888 (in short "mmc Act" ). Aggrieved by the said order, the BEST has filed S. L. R (C) No. 363 of 2009, Prithvi Associates has filed S. L. R (C)No. 426 of 2009 and Bennett Coleman and co. Ltd. has filed S. L. P. (C) No. 510 of 2009. Since all the appeals question the correctness of the very same order of the High Court, they are being disposed of by the following common order.

(3.) BEFORE the High Court, the BEST filed an affidavit through its Chief Engineer explaining their stand. It was stated therein that under the Scheme there is no question of competitive bidding and parties are free to choose the specific Bus Stops they wish to develop. The writ petitioners (Respondent nos. 1 and 2 herein) themselves selected 22 bus stops under the Scheme without competitive bidding. Respondents 4 and 5 who, under their earlier licences/contracts dated 09. 06. 2005 and 04. 07. 2005 respectively, had secured the right to advertise on existing bus Queue Shelters which was valid till 31. 12. 2008, were invited by the 2nd appellant as suggested by the BEST Committee to participate in the Scheme with reference to the existing bus shelters under their control for modernizing the same.