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Judgment
Parth Prateem Sahu, J
The Petitioner has entered into a contract with the Municipal Corporation, Raipur (for short 'the Corporation) for installation of the unipoles for the
purpose of the advertisements, use the same, and thereafter hand over the structure to the Corporation after the contract period. The initial period of
contract was for 5 years which is supposed to be extended for a further period of 5 years.
Learned counsel for the Petitioner submits that the size of the unipoles and the advertisement board was 40X20 sq.ft. one sided. Looking to the
huge expenditure incurred in installation of the unipoles, the petitioner made an application before the Respondent-Corporation for granting him
permission for displaying the advertisement on both the sides on a condition that he will pay an additional rent and he will be entitled to get back the
second structure installed by him. Awaiting the consent of the Corporation, the unipoles have been installed by him and was also used by him for a
period of 10 years. He submits that after completion of the period of 10 years, now the Corporation is not permitting him to take back the part of the
extended structure of the unipoles which is the second set measuring 40X20 sq.ft. of the board for which he is entitled to.
Learned counsel appearing for the Respondent-Corporation submits that this tender and the contract entered between the parties is on BOT system
and once the Petitioner has installed and used the unipoles, therefore, he has to handover the entire structure and he cannot be permitted to take back
any part of the structure alongwith. He also submitted that the Petitioner has already used the benefits of the unipoles as per the agreement for a
period of 10 years and therefore, no relief can be granted to him in his favour. He also submits that there is a clause for ""settlement of disputes"" in the
agreement entered into between the parties i.e. clause No. 6 wherein the authority has been appointed for settlement of the dispute which may arise
between the parties.
Considering the fact that the dispute is a contractual dispute between the parties and there is a dispute redressal mechanism already provided under
the agreement, we are not inclined to entertain this petition. This petition is dismissed. However, liberty is granted to the Petitioner to approach the
authorities as provided under the clause 6 of the contract agreement and file an appropriate proceedings seeking all the relief claimed by him in this
petition. On the said proceedings being filed by the Petitioner, the authority will consider the same strictly in accordance with law.