Cuttack, Feb. 13: Orissa High Court has declined to interfere in Bhubaneswar Smart City Limited's decision to upgrade all the existing traffic signals with intelligent video surveillance system.

The court refused to interfere, as it was "a contractual matter". The special purpose vehicle for the Smart City Project invited a request for proposal in connection with the upgrade of signals at 63 sites on October 28, 2016.

The request was to supply, install, test, commission traffic signalling system, blinkers and pelican signals at selected locations with solar powered adaptive system in Bhubaneswar city and maintain it for six years. It also intended to re-allot the 12 sites, where M/s Enkon Pvt Ltd, the petitioner, had undertaken the construction, operation and maintenance of traffic signals for 10 years - from 2008 to 2018 - in the public-private-partnership mode.

The firm sought intervention for exclusion of the 12 signal sites from the request of proposal on the ground that it executed - on December 23, 2008 - an MoU with the police commissioner to erect traffic signals at these sites.

As the power is vested with the police commissioner, Bhubaneswar Smart City Limited, which is a non-statutory authority, has no power to regulate the installation of signals.

But, the court dismissed the petition.

The division bench of Chief Justice Vineet Saran and Justice B.R. Sarangi said it was "not inclined to entertain the petition in view of the availability of alternative remedy in a contractual matter".

"This court is refrained from making any observations on the merit of the case except permitting the petitioner (M/s Enkon Pvt Ltd) to approach the appropriate common law forum to ventilate its grievances," the court said in its February 7 orders, a copy of which was available today.

The private firm claimed that to execute the MoU it had invested a huge amount, which was to be recovered by giving advertisement rights by way of glow signs on the traffic signal posts over 10 years.

The Bhubaneswar Municipal Corporation in shape of tax on advertisement had collected from it Rs 5,00,650 and it had deposited Rs 4.2 lakh with the Indian Red Cross Society, regional branch, police commissionerate.

The firm first moved the court when the corporation had invited an expression of interest in November 2013 to construct traffic signals in various parts of the city and upgrade the existing ones, including the 12 sites, already allotted in favour of the firm.

The firm returned to the court when the special purpose vehicle had once again invited a request for proposal for signal lights last October.