CHAITANYA ADLAKHA v. MUNICIPAL CORPORATION GURUGRAM
CWP-PIL/161/2025 · 2025-07-09
Sanjiv Berry
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 75987 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75987 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
123- CWP-PIL-161-2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CWP-PIL-161-2025 Date of decision: 09.07.2025 Chaitanya Adlakha
….Petitioner. Versus Municipal Corporation Gurugram and others ....Respondents. CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SANJIV BERRY, JUDGE Present:- Mr. Rishab Garg, Advocate, for the petitioner. Mr. Deepak Balyan, Addl. Advocate General, Haryana. ..… SHEEL NAGU, CHIEF JUSTICE (Oral) The present petition categorized as Public Interest Litigation (PIL) raises the alleged public cause that due process as laid down under the Haryana Municipal Advertisement Bye-Laws 2022 (in short, ‘Bye- Laws 2022,)’ dated 15.07.2022 (Annexure P-2) has not been followed by Hindustan Insecticides Limited (HIL) while issuing tender notice, Event ID No. 57289 (Annexure P-1) dated 18.10.2024 for licensing of sites for allotment of advertisement rights through UNIPOLS. 2. The aforesaid Bye-Laws 2022 itself provides for in-house remedy under Clause 24, which is reproduced here-in-below as under: -
“24 (1) If any written comments, representations or objections have been received in respect of an application from any interested party contemplated, the municipality shall consider such comments, representations and objections before taking a decision on the application. (2) The registered entity or listed owner shall within fourteen days after receiving any comments, representations PREETI 2025.07.10 16:27 I attest to the accuracy and integrity of this document
123- CWP-PIL-161-2025 -2- or objections to an OMB, submit a written response to the municipality for consideration. (3) If a response is not received within a period of fourteen days, the municipality shall take a decision on the comments, representations or objections within a period of twenty-one days from the date of receipt of comments, representation or objections.”
3. In view of the aforesaid provisions and the fact that since the petitioner has already made a representation dated 03.07.2025 (Annexure P-6), which is on record, and is covered by the definition of “interested party” as defined in Clause 2(1)(xvii) of the Bye-Laws 2022, this petition is disposed of with a direction to respondent No. 1-Municipal Corporation Gurugram, Haryana, to decide the aforesaid representation dated 03.07.2025 (Annexure P-6), which is said to have been communicated through e-mail on 03.07.2025 to the respondent-authorities, if not already decided, by passing a speaking order and communicate the same to the petitioner in terms of Clause 24 of the Bye-Laws 2022. 4.
4. The aforesaid decision be taken by the respondent- authorities within a period of three weeks from the date of aforesaid representation dated 03.07.2025 (Annexure P-6). 5. With these observations, the petition stands disposed of. (SHEEL NAGU) CHIEF JUSTICE
(SANJIV BERRY) 09.07.2025 JUDGE preeti i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No PREETI 2025.07.10 16:27 I attest to the accuracy and integrity of this document