Ganesh Shankar Environmental Solutions Pvt. Ltd. v. State of Karnataka By Its Director of Municipal Administration
2020-02-20
P.S.DINESH KUMAR
body2020
DigiLaw.ai
ORDER : 1. Heard Shri Udaya Holla, learned Senior Advocate for the petitioner in W.P.No.923/2020, Shri Ashok Haranahalli, learned Senior Advocate for the petitioner in W.Ps.No.13278/2019 & 50582/2019, Shri Y.T.Abhinay, learned advocate for the petitioner in W.Ps.No.38069/2019, 40809/2019 & 46209/2019, Shri R.Kalyan, learned advocate for the petitioner in W.P.No.1852/2020, Shri K.N.Puttegowda, learned standing counsel for BBMP and Shri M.Vinod Kumar, learned AGA for the State. 2. By consent of the learned advocates on both sides, these writ petitions are heard and disposed of by this common order. 3. BBMP has 198 wards. On 18.01.2019, it called for tenders for collection, transportation and disposal of garbage. Tender bids have been received. 4. Shri Ashok Haranahalli, learned Senior advocate for the petitioner in W.Ps.No.13278/2019 & 50582/2019 submitted that by Government Order dated 06.09.2017, petitioner MSGP Infra Tech Pvt. Ltd., has been given 30 wards to collect, process and dispose the garbage of 500 Metric Tons. Shri Ashok Haranahalli also submitted that work order issued to MSGP Infra Tech Pvt. Ltd., has been given not only by virtue of Government Order but also by virtue of Notification dated 08.02.2013 issued much prior to the order passed by the Division Bench of this Court. Therefore, BBMP could not have called for tenders in respect of the said 30 wards. 5. Shri Udaya Holla, learned Senior Advocate submitted that petitioners in W.P.No.923/2020 have been given Letter of Acceptance in respect of Wards No.97, 128, 104, 48, 54, 32, 02, 92, 190 and 191 but BBMP has not yet issued Work Orders. Accordingly, he prayed that direction be issued to the BBMP to issue Work Orders. 6. In W.P.No.50582/2019, petitioner has prayed for quashing the order dated 04.11.2019 withdrawing the work order given to MSGP Infra Tech Pvt. Ltd. 7. Shri Y.T.Abhinay, learned advocate for petitioners in W.Ps.No.38069/2019, 40809/2019, & 46209/2019 submitted that tenders submitted by these petitioners fall within the 30 wards reserved for MSGP Infra Tech Pvt. Ltd. Further, in view of Clause 3.7.5 contained in ‘Request for Proposal’ issued by BBMP, petitioners could not have applied for other wards. Since, BBMP has reserved 30 wards, tender notification issued for entire 198 wards is bad in law. Therefore, BBMP will have to reissue the tender. 8.
Since, BBMP has reserved 30 wards, tender notification issued for entire 198 wards is bad in law. Therefore, BBMP will have to reissue the tender. 8. Shri R. Kalyan, learned advocate for the petitioner in W.P.No.1852/2020 submitted that Letter of Acceptance has been given in respect of Ward No.91 but work order has not been issued. 9. Shri K.N.Puttegowda, learned standing counsel for the BBMP submitted that BBMP has called for tenders in respect of all wards since clearance of garbage is an important and urgent issue. He submitted that the status of tenders in respect of different wards is as follows: STATUS OF C & T TENDER Sl.No. Particulars No. of wards/files Ward nos. 01 Tender invited 198 - 02 Stay obtained by MSGP 30 18, 19,20, 21, 22, 23, 24, 27, 28, 29, 30, 33, 34, 46, 49, 50, 57, 58, 59, 79, 80, 88, 89, 111, 112, 113, 114, 115, 116 & 117 03 No Bids received 1 47 04 Technically disqualified 5 60, 81, 119, 134 & 164 05 Under process 12 126, 139, 143, 151, 163, 174, 176, 180, 181, 182, 183 & 192 06 Financial bids opened(for balance wards) 150 07 Submitted to Health Committee 100 4, 5, 8, 10, 11, 12, 13, 16, 17, 26, 31, 35, 36, 37 , 38, 40, 41, 42, 43, 45, 55, 56, 61, 62, 63, 64, 65, 66, 68, 69, 70, 71, 72, 74, 73, 75, 76, 77, 78, 84, 86, 87, 90, 93, 94, 95, 96, 98, 102, 103, 105, 106, 107, 108, 109, 110, 118, 120, 121, 122, 123, 124, 125, 129, 130, 132, 133, 135, 136, 142, 145, 148, 149, 150, 152, 153, 154, 155, 159, 162, 166, 168, 170, 171, 172, 173, 177, 178, 179, 184, 185, 186, 187, 189, 193, 194, 195, 196, 197 & 198 08 Approved by Health Committee and submitted to council for approval 5 6, 7,14, 25 & 160 09 Approved by Health Committee and Council, LOA issued 45 1, 2, 3, 9, 15, 32, 39, 44, 48, 51, 52, 53, 54, 67, 82, 83, 85, 91, 92, 97, 99, 100, 101, 104, 127, 128, 131, 137, 138, 140, 141, 144, 146, 147, 156, 157, 158, 161, 165, 167, 169, 175, 188, 190 & 191 10.
The Division Bench of this Court in B.R.Ganeshandothers Vs.TheStateofKarnatakaandothers1, vide order dated 26.04.2013, has directed BBMP not to award more than 5 packages to each tenderers. 11. I have carefully considered submissions made by the learned Advocates on both sides and perused records. 12. Admittedly, BBMP has called for tenders in respect of entire 198 wards. It is not in dispute that by virtue of Government order and consequent orders issued by BBMP, MSGP Infra Tech Pvt. Ltd., have been permitted to remove the garbage in 30 wards. Cases concerning garbage clearance merit immediate attention. Therefore, keeping in view the directions issued by the Division Bench in B.R.Ganesh, it is appropriate to direct the BBMP to finalize tenders in respect of 168 wards immediately. Hence, the following: WPs.NO.3933739354/2012 & CONNECTED CASES ORDER (a) BBMP shall finalize the tenders in respect of 168 wards excluding 30 wards (mentioned at Sl.No.2 in the tabular column contained in paragraph No.9 above given to M/s. MSGP Infratech Pvt. Ltd.) immediately irrespective wherever the file is pending consideration. Action will be taken on top priority to expedite the tenders and the same shall be finalized and work orders issued; (b) In respect of 30 wards (mentioned at Sl.No.2 in the tabular column contained in paragraph No.9 above given to M/s. MSGP Infratech Pvt. Ltd.), BBMP shall take appropriate decision on merits and communicate the same to M/s. MSGP Infratech Pvt. Ltd., within six weeks from today. Till such time, statusquoas on date shall be continued with regard to collection and transportation of garbage in respect of the said 30 wards; (c) BBMP shall issue work orders to the successful bidders in respect of 45 wards described at Sl.No.9 in the tabular column contained in paragraph No.9 above within two weeks from today; (d) All contentions urged by Shri Y.T.Abhinay in W.Ps.
No.38069/2019, 40809/2019 & 46209/2019 are kept open to be urged in any other proceedings after BBMP takes decision with regard to garbage collection and transportation work in respect of 30 wards (mentioned at Sl.No.2 in the tabular column contained in paragraph No.9 above given to M/s. MSGP Infratech Pvt. Ltd.); (e) All contentions urged by Shri Ashok Haranahalli in W.Ps.No.13278/2019 & 50582/2019 are kept open to be urged in any other proceedings after BBMP takes decision with regard to garbage collection and transportation work in respect of 30 wards (mentioned at Sl.No.2 in the tabular column contained in paragraph No.9 above given to M/s. MSGP Infratech Pvt. Ltd.). 13. Petitions stand disposed of with the above directions. No costs.