SONU Vs. MCD

JUDGEMENT

(1.) BY this writ petition, the petitioner seek quashing of the advertisement dated 25-1-2005, issued by respondent No. 1 and 2. They also seek a writ of mandamus or direction to the MCD, "for awarding contract for removal of dead animals by amongst the enlisted contractors with right on the final product. "

(2.) ON a point of background, it may be noted that an advertisement dated 25-1-2005 titled,

(3.) WE are informed by counsel for MCD, mr. Kapil Dutta, on instructions from Dr. Hari Lal, Superintendent, Slaughter House, mcd, who is also present, that the testing and trial running of the said Rendering plant-cum-Carcass Utilisation Centre, at ghazipur, is going on. We are informed that two further advertisements were taken out inviting, "expression of Interest", and after evaluating the financial and technical bids of the parties who had expressed their interest, the contract has been awarded to respondent No. 3, namely, M/s. Aztec Exim pvt. Ltd. As per the agreement, the respondent No. 3 is permitted to collect all the carcasses of dead animals within all the 12 zones of the NCT of Delhi. In addition, under the contract, respondent No. 3 is also responsible for the operation and maintenance of the rendering plant. The contract also entitles respondent No. 3 to the benefits of the final products thereof. We are informed that respondent No. 3 had bid Rs. 12,01,050/- p. m. for this contract. Counsel for MCD has brought the record in Court. He submits that since the rendering plant is being tested and trial runs are going on, therefore, for the time being, the existing arrangements/contracts that had been awarded to some of the petitioners and other persons, have been extended upto 30-9-2007. Before the award of the work, which now includes running the new rendering plant also, to respondent No. 3, the right of removal and utilisation of animal carcasses from the NCT of Delhi was awarded to different parties, zone wise. This included petitioner No. 1, who is entitled to lift all the dead animals from South and Central Zone, for which he is paying the MCD rs. 1,00,000/- and Rs. 25,000/- per month respectively. Petitioner's counsel claims that petitioner No. 5 has the contract for lifting of dead animals from Narela for which he is paying Rs. 3,00,000/- per month, for a period of six months.