PKA ADVOCATES

PRIVATE AND CONFIDENTIAL

18th April 2024

ADDENDUM TO THE LEGAL OPINION

To
Ms. Alekhya Siddani
(Manager-Legal)
SHV Energy Private Limited
12th Floor, Orbit Towers, Plot No. 30/C Survey No. 83/1,
Hyderabad knowledge City, TSIIC, Raidurg Pankita,
Serilingampally, Mandal, Hyderabad-500034, Telangana

Ref: Addendum to Legal Opinion dated 16th April 2024 issued to SHV Energy Private

Limited.

With reference to and in addition to our Legal Opinion dated 16.04.2024, we submit the

following addendum to the earlier legal opinion additional information for your

perusal-

1) The kind attention of the Qquerist is drawn towards the statement at page no. 30

“Thus, it may be presumed that the government in the state of Rajasthan is given free

hand to display advertisement which is in interest of public.”

Instead of the aforesaid, tTheis statement may be read as that “the Government

and departmental undertakings warning signs have no restriction on displaying

advertisement/boards regarding warning signs, ---, ---, etc. in the interest of public.”

2) The kind attention of the querist is also drawn towards Byelaws 6(iv) of Jaipur

Nagar Nigam (Advertisement) (Amendment) Bye Laws, 2008 wherein it appears

1
PKA ADVOCATES

PRIVATE AND CONFIDENTIAL

that whoever obtains permission to put up small advertising boards up to 4 feet

x50 feet for his own business on commercial establishments, the fee fixed by the

Corporation will be Rs 100/-per sq. ft. on main roads and on other roads. Rs.

50/ per sq ft. The Jaipur Municipal Corporation has tried to restrict the size of

the hoarding/sign board and the same shall not exceed 4 feet x 50 feet.

In our opinion, the other/alternative option available to the querist for future

purposes would be that the querist may consider reducing the size of

hoarding/display board/sign board to the size as prescribed by the Jaipur

Municipal Corporation i.e. 4 feet x50 feet.

3) Additionally, in answer response to Qquery Nno. 2 i.e. “Whether these advertising

charges/fees are applicable to Auto LPG Dispensing Stations (ALDS) and/or petrol/diesel

pumps put-up by PSUs as well”, the kind attention of the Qquerist is drawn

towards the Clause 15 in Amendment in Bye laws 12 as per Nagar Nigam, Jaipur

Advertisement (Amendment) Byelaws, 2008. The said Clause is reproduced herein

below for ease of reference-

(HINDI VERSION)

On a perusal of the aforesaid, iIt appears to express that the Government/semi-

government undertakings and departments etc. will would also have to comply

with the above bye laws Jaipur Municipal Corporation (Advertisement) Byelaws

of 2004 and 2008 and are . It appears that the Government/semi government

departments also falls within the ambit of thobligated to pay advertisement

2
PKA ADVOCATES

PRIVATE AND CONFIDENTIAL

fees.e However, there could be certain exemptions provided to them under the

Act and Bylaws. Therefore it appears that in Rajasthan, even the PSU’s are

required to pay such fees (unless they fall under any of the exemptions

provided). Jaipur Municipal Corporation (Advertisement) Byelaws 2004 and

2008.

However,Regardless of the aforesaid and as stated in our Legal Opinion, the an

interim order has been granted by the Hon’ble Supreme Ccourt in Civil Writ

Petition No. 13029/1985 titled as M.C. Mehta vs. Union of India & Ors. vide its order

dated 03.07.2023. Vide the said order, the Hon’ble Apex Court has restrained the

Municipal Corporation of Delhi from taking any coercive action against the

Government-owned oil Companies for putting up hoardings/logos/self-

signage/branding at their petrol pumps /depots without their permission.

Therefore, since the said issue is pending before the Hon’ble Apex Court, a

conclusive opinion can only be provided once the issue is finally decided and put

to rest also needs to be taken into consideration.

4) In addition to the aforesaid, It is reiterated that the for the demands raised by the

Corporation, the querist may consider paying the latest demand pertaining to the

year 2023-2024 under protest (to avoid any coercive action) and simultaneously

raise any relevant objections before the relevant authority under Byelaws 26 of

the Jaipur Municipal Corporation (Advertisement) Byelaws, 2004 and may also

consider challenging the validity based on the Hon’ble Supreme Court’s recent
3
PKA ADVOCATES

PRIVATE AND CONFIDENTIAL

judgement.the kind attention of the Querist is also drawn towards Byelaw 6 (iv)

of Jaipur Nagar Nigam (Advertisement) (Amendment) Bye Laws, 2008. Upon a

perusal of the said Byelaw, it appears that whoever obtains permission to put up

small advertising boards (upto 4 feet x50 feet) for its own business on its

commercial establishments, the fee fixed by the Corporation is only Rs. 100/-per

sq. ft. on main roads and Rs. 50/- per sq ft on other roads. Therefore, the Jaipur

Municipal Corporation charges only a nominal fee for small hoardings/sign

boards/advertisements not exceeding 4 feet x 50 feet.

Therefore in the Conclusion of the Legal Opinion, it maybe read as “Alternatively,

if the Querist is not inclined to challenge the levy of advertisement fees at this stage, the

Querist may consider reducing the size of hoardings/display boards/sign boards to the

size as prescribed by the Jaipur Municipal Corporation i.e. 4 feet x50 feet and seek

permission from the Corporation to avoid any excessive demand. The Querist is also

advised to ensure that none of the hoardings/display boards/sign boards fall under the

definition of “Advertisement”.”

THIS MAY BE TREATED AS A PART AND PARCEL OF THE EARLIER

LEGAL OPINION DATED 16TH APRIL 2024 ISSUED TO SHV ENERGY

PRIVATE LIMITED.

4
PKA ADVOCATES

PRIVATE AND CONFIDENTIAL

Hence, we have a good case on merits, however to conclude litigation at this stage and

to avoid any further appeals, interest and incidental expenses, the Querist company

could take this commercial call.

Sunil NathPalak Saxena

(Senior Associate)

(Partner)
For PKA Advocates