SULABH INTERNATIONAL SOCIAL SERVICE ORGANIZATION Vs. AKHIL BHARTIYA PARYAWARAN EWAM GRAMIN VIKAS SANSTHAN & OTHERS.

JUDGEMENT

(1.) This special appeal with an application (No. 7205/2016) seeking leave to appeal has been fled by appellant, Sulabh International Social Service Organisation against orders dated 04.03.2014 and 18.02.2016 passed by Single Bench of this Court. Appeal having been fled with delay of 669 days is barred by limitation, therefore, additionally one more application (No. 150/2016) under Section 5 of the Limitation Act has been fled by t he appellant seeking condonation of delay in fling the appeal. However, we have heard the matter on merits as well.

(2.) Writ petition before the Single Bench was fled by Respondent No. 1, Akhil Bhartiya Paryawaran Ewam Gramin Vikas Sansthan challenging order dated 31.05.2013 passed by the State Government whereby the State authorities awarded the work of maintenance and operation of public bath complexes under its jurisdiction to World Sanitation and Environment (Respondent No. 2 herein) with a further prayer to directed them to award contract only by open tender/public auction to those, who give competitive rate and are having requisite experience and qualification. The respondent-State authorities submitted before the learned Single Judge that the aforesaid impugned order has yet not been given effect inasmuch as only one Public Utility Services (Public Toilet) was to be constructed as a pilot project and was not to apply for other Public Utility Services to be constructed. They further submitted that they would have no objection, if direction is given that now onwards the work or contract for construction of Public Utility Services (Toilets) would be assigned by tender or public auction but then it should apply universally and without discrimination.

(3.) Taking note of submissions of State authorities, learned Single Judge vide order dated 04.03.2014 disposed of writ petition directing them not t o give effect to the order dated 31.05.2013 and observed that at the same time, if they wanted to construct Public Utility Services (Toilets), then it should be by the process of tender so as to obtain competitive rates from amongst the eligible from. It was further directed that if any order/contract has already been given prior to aforesaid decision, it would not be affected by t he order and t his direction would apply universally and without discrimination.