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2025 DIGILAW 2446 (MAD)

Saravanaa Projects & Co. , Rep. by its Managing Partner, M. S. Haribaabhu v. Commissioner, Greater Chennai Corporation

2025-04-30

J.SATHYA NARAYANA PRASAD

body2025
ORDER : (J. SATHYA NARAYANA PRASAD, J.) This writ petition has been filed for issuance of a Writ of Mandamus, forbearing the respondents 1 to 2 from rejecting the bids of the petitioner on the ground of non-production of valid pollution control Board certificate for central Mix Plant (CMP) and directing the respondents to process the tenders of the petitioner based on the application made by the petitioner to the Tamil Nadu Pollution Control Board. 2. The petitioner, M/s.Saravanaa Projects and Co., engaged in road work contracts for several years and owns a Central Mix Plant (CMP) located at Thiruneermalai Village, Pallavaram Taluk. The petitioner participated in tenders floated by the 2nd respondent (Greater Chennai Corporation) for improvement works relating to interior BT, CC, ILP roads, and bus route roads under an E- tender notice dated 04.04.2024, through a two-cover system. The petitioner submitted bids for two works of approximate values Rs. 4.90 crores and Rs. 4.55 crores respectively. While preparing the tender documents, the petitioner noticed that a new condition was imposed requiring the submission of a valid Pollution Control Board Certificate for the Central Mix Plant along with the bid documents, a requirement not mandated in earlier tenders. Upon enquiry, it was found that this condition was inserted following an order passed by the Hon’ble National Green Tribunal (Southern Zone) in O.A.No.54 of 2025 (SZ) dated 26.03.2025. Immediately, the petitioner applied for the necessary certificate before the Tamil Nadu Pollution Control Board vide Application No. 66880283, which is still pending without any action. However, with the last date for bid submission being 28.04.2025 and the tender opening on 29.04.2025, the petitioner is unable to submit the Pollution Control Certificate along with the tender, thus facing imminent rejection of their bid. 3. Learned counsel appearing for the Petitioner submits that the requirement imposed by the respondents to produce a pollution control certificate at the bid submission stage is arbitrary and contrary to the directions of the Hon’ble National Green Tribunal (Southern Zone) in O.A.No.54 of 2025 (SZ), which mandates such consent only before the issuance of the work order and commencement of work. 4. It is submitted that the petitioner’s bid was unjustly rejected despite having already applied for the certificate, which is pending before the competent authority. 4. It is submitted that the petitioner’s bid was unjustly rejected despite having already applied for the certificate, which is pending before the competent authority. The delay in issuing the certificate is without valid reason, even though the petitioner possesses the necessary machinery in working condition and has previously been granted such certificates. With no alternative remedy, the petitioner has approached this Court through the present writ petition. 5. Learned Standing Counsel appearing for respondents 1 and 2 would submit that the petitioner may be directed to submit his tender on or before 02.05.2025 and the same would be considered by respondents 1 and 2 on merits, in accordance with law within a time frame stipulated by this Court. 6. It is further submitted that the Competent Authority to issue the consent to the petitioner is the District Environmental Engineer. It is necessary to implead the District Environmental Engineer, Tamil Nadu Pollution Control Board, Gummidipoondi, Thiruvallur District, as a party in the present writ petition. 7. Heard both sides and perused the materials available on record. 8. In view of the above submission, this Court suo motu impleads the District Environmental Engineer, Tamil Nadu Pollution Control Board, Gummidipoondi, Thiruvallur District, the 3 rd respondent in the above writ petition 9. In view of the above facts and circumstances of the case, this Court is inclined to pass the following directions: (a) The petitioner is directed to appear before the concerned District Environmental Engineer by tomorrow [29.04.2025] at 10.30 a.m. (b) The petitioner is directed to submit his tender on or before 02.05.2025 by 3 p.m. that is the last date for submitting the tender. (c) On receipt of the same, the 3 rd respondent is directed to inspect the site of the petitioner and, if satisfied with the guidelines of the Tamil Nadu Pollution Control Board, issue the consent to the petitioner on or before 06.05.2025 so as to enable the petitioner to submit the same before respondents 1 and 2 on 07.05.2025 by 3 p.m., the last date fixed by the respondents Corporation, since it is one of the conditions stipulated in the tender Notification issued by the 2nd respondent.” In the result, the writ petition stands disposed of with the above observations and directions . No costs. Consequently, connected miscellaneous petition is closed.