On 28 November 2022, The Bombay High Court comprising of Division Bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja in the case of M/s. Samiksha Construction Versus Ambernath Municipal Council and Ors. Expounds that it is not the function of the Court to sit in Appeal over Administrative decisions unless the decision is so outrageous.
Facts of the Case
The Petitioner seeks for the redressal of its grievances by an appropriate writ, order or direction, Hon’ble Court be pleased to quash and set aside the impugned tender notice dated 27.10.2022 issued by the Respondent No.2; and By an appropriate writ, order or direction, this Hon’ble Court be pleased to restrain the Respondent No.2 from issuing tender notice till the elections are held and new Body assumes the office of the Respondent No.1 Municipal Council.”
It is not in dispute that the term of Ambernath Municipal Council has ceased on 17th May 2020. The Council, by a work order had engaged the petitioner for the work of collection and transportation of solid waste. The contract was valid for a period of 5 (five) years from the date of the work order, i.e., till 14th June 2021. Due to the unprecedented pandemic caused by COVID-19, election to the General Body of the Council could not be conducted and an Administrator came to be appointed. In all, 3 (three) extensions were granted to the petitioner.
In terms thereof, it continued with the work of collection and transportation of solid waste beyond the initial period of 5 (five) years. The third extension that was granted, permitted the petitioner to execute the work entrusted to it for the period between 1st October 2022 and 31st December 2022 or until a new quotation for solid waste collection is received. 3. On 27th October 2022, the Administrator issued e-tender notice for appointing a service provider for 5 (five) years for collection and transportation of solid waste within the jurisdictional limits of the Council.
It is this notice that forms the subject matter of challenge in this writ petition primarily on 2 (two) grounds: (i) the Administrator has no authority to take a policy decision and proceed for appointment of a new contractor for collection and transportation of solid waste; and (ii) clause (6), which is part of Appendix XI titled as “Project Information memorandum”, requires provisions for 100 (hundred) e-Vehicles for door to door collection and transportation of municipal solid waste, which are not immediately available and, therefore, such term of the tender notice would render the entire process unworkable.
Court Observation
The Court in its observation stated that, “in the present times of advancement of science and technology, when a shift towards e-Vehicles is discernible, it would be inappropriate to accept a challenge of the present nature. In fact, we ought to laud the attempt of the Administrator to ensure that for the purpose of solid waste collection from door to door and transportation to the dumping ground, use of e-vehicles is being encouraged. Our attention has not been drawn to any evidence that such eVehicles are not available in the market. From the above clause, we find that the contractors have been given 6 (six) months’ time for purchase of e-Vehicles from the date of the work order. Sufficient time has, therefore, been given to the selected bidder to comply with the requirements and before parting, we need to restate that it is not the function of the Court to sit in appeal over administrative decisions unless the decision is so outrageous that the same shocks the conscience of the Court. The Administrator is best suited to decide what would secure the interest of the Council best in relation to solid waste collection and transportation. We do not find the impugned clause to suffer from such an infirmity. There is also no bar for the petitioner to participate in the tender process and compete with other intending tenderers.”
Therefore the Court dismissed the Present Writ Petition.
Court: Bombay High Court
Case Details: WRIT PETITION NO. 14628 OF 2022
Case Title: M/s. Samiksha Construction Versus Ambernath Municipal Council and Ors.
CORAM: DIPANKAR DATTA, CJ. & ABHAY AHUJA, J.
DATE: NOVEMBER 28, 2022
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