AGRO ORGANIC INDIA PVT LTD Vs. NAGAR NIGAM

JUDGEMENT

(1.) Heard Sri Ravi Kant, learned Senior Advocate, assisted by Sri Tarun Agrawal, Advocate for the Petitioner and Sri Anil Tiwari, Advocate appearing for Respondent No. 1.

(2.) By this writ petition, the Petitioner through its Managing Director, has prayed for quashing the agreement dated 26th June, 2008 and the rectified agreement dated 10th March, 2011 entered between Respondents No. 1 and 2 for implementation of project for disposal of Municipal solid waste and setting up a mechanical compost plant at Razau Paraspur site, Nagar Nigam, Bareilly. By subsequent agreement dated 10th March, 2011 certain amendments were made in the earlier agreement. The Petitioner has also prayed for quashing the licence dated 10th March, 2011 issued by the Nagar Nigam, Bareilly in favour of Respondent No. 2 to carry on the project of systematic treatment, processing and disposal of Municipal solid waste.

(3.) Brief facts of the case as disclosed in the writ petition are; the Nagar Nigam, Bareilly has prepared a blue print of solid waste management project within the limits of Nagar Nigam, Bareilly. It is stated that project lies close by two air fields maintained by the Army and Air Force. A letter dated 25th January, 2006 issued by the Lieutenant Colonel of the Army Headquarters, Bareilly Cantonment has been referred to in which it has been stating that construction of solid waste treatment plant shall pose a serious hazard to flight safety, the matter be taken up with the District Magistrate on priority basis and the development work be stopped at the proposed site. It is stated that Municipal Corporation is obliged to take steps for solid waste management in accordance with the statutory rules, namely, Municipal Solid Wastes (Management and Handling) Rules, 2000. It is stated in the writ petition that project site is located at village Rajau Paraspur which is skirted by a number of leading educational institutions and further the master plan has not been amended and No. 'no development zone' has been created so far. The dumping of municipal solid wastes, biomedical wastes and non-degradable wastes, hazardous wastes etc. shall pose a serious threat to the health and well being. Reference of the interim order of this Court dated 17th February, 2005 passed in Writ Petition No. 7043 of 2005 has also been made by which order this Court directed for shifting of the site. It is stated in paragraph 19 of the writ petition that Respondents have published an advertisement in news daily "Dainik Jagaran" dated 25th January, 2008 (published from Delhi) and "Hindustan Times" dated 28th January, 2008 (Delhi Edition) providing 31st January, 2008 as last date of submitting tender. It is stated that newspaper "Dainik Jagaran" dated 25th January, 2008 has scanty circulation in the State and the publication in "Hindustan Times" was as late as on 28th January, 2008 which gave a very short time for any interested agency to obtain the tender form. All details were also not provided regarding sanctioned money and the estimated cost.