BHOPAL : Adivision bench of Madhya Pradesh High Court, Jabalpur presided by Justice Rajendra Menon and Justice Sanjay adav today stayed the tender process related to display of advertisements on existing bus stops issued by the Bhopal City Links Ltd, a subsidiary company of Bhopal Municipal Corporation.
The interim order came in the petition filed by previous contractor company – Arc Outdoor Media Ltd, wherein the court has also issued show- cause notice to the BMC commissioner and Director of BCLL for responding within 4 weeks as to why the whole tender process be not cancelled.
The BMC on a Public Private Partnership basis had invited tenders and entered into built- operate- transfer agreement for the construction of bus stops, their maintenance and advertisement display rights over more than 100 locations in the city of Bhopal.
The contractor company completed construction of around 100 bus stops in 2011.
The contractor was thus entitled for earning revenue by display of advertisements and hoardings on the aforementioned completed bus stops for a period of 5 years.
In September 2013 the BMC started dismantling the bus stops. The High Court at the relevant point of time stayed the demolition process. Meanwhile, BCCL issued the fresh notice inviting tenders on a national level from various companies for the display of advertisement / hoardings on such constructed bus stops.
This tender process was challenged by the previous contractor company on the principal ground that the duration of their contract with the BMC hadn’t got over. The petitioner thus alleged that during the subsistence of the previous contract, the issuance of new tender process was clearly malafide and a mischievous conduct on the part of BMC. Counsel for the petitioner, Siddharth Radhelal Gupta contended that floating of fresh tender, that too by a third agency, BCLL is clearly illegal. The Division bench passed the order staying the entire NIT in question.