AKHIL BHARATIYA PARYABARAN EWAM GRAMIN VIKAS SASTAN Vs. COMMISSIONER, BHUBANESWAR MUNICIPAL CORPORATION

JUDGEMENT

(1.) THIS writ petition has been filed by a non - Governmental Organization, i.e., M/s. Akhil Bharatiya Paryabaran Ewam Gramin Sansthan incorporated in the year 1983 in Patna. The said organization operates with the prime objective of conversion of bucket latrines into sanitary toilets aimed at emancipation of scavengers from the centuries old demeaning task of carrying night soil manually and instead of the said demeaning practices to get constructed and maintain community toilet on "pay and use" basis to eradicate the unhygienic practice of open defecation. The petitioner society has taken up various projects on solid waste management, public mobilization and mass awareness programme, housekeeping job of offices, hospitals.

(2.) O .P. No.3, Samadhan Seva Samiti is an organization supposedly involved in similar activities with its head office in Patna (Bihar).

(3.) THE present petitioner has filed the instant writ petition challenging the decision of the Municipal Corporation of Bhubaneswar to award the work of maintenance and operation of the toilet in the market complex at Unit IV, Bhubaneswar under the jurisdiction of the Opposite Party No.1 by way of nomination instead of the accepted practice of allocating work on the basis of an open tender process. The impugned decision was taken by the opposite party no.1 by way of letter dated 14th January, 2011. It had on various occasions communicated with the opposite party no.1 expressing the interest in participating in the work related to the construction, operation and maintenance of toilet complexes in the municipal jurisdiction of opposite party no.1.