Delhi High Court
Messers Biotic Waste Solutions ... vs Govt. Of N.C.T. Of Delhi & Ors. on 21 January, 2021
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:23.01.2021
09:25:10
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 21st January, 2021
+ W.P.(C) 11246/2020
MESSERS BIOTIC WASTE SOLUTIONS PVT. LTD. ..... Petitioner
Through: Mr. Navneet Panwar, Advocate.
(M:9899039899)
versus
GOVT. OF N.C.T. OF DELHI & ORS. ..... Respondents
Through: Mr. Anuj Aggarwal, ASC, GNCTD.
Mr. Balendu Shekhar, Advocate for
R-4.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J.(Oral)
1. This hearing has been done by video conferencing.
2. The present petition has been filed by the Petitioner, which is a
provider of services related to handling and disposal of Bio-Medical waste
from various health care facilities, hospitals and other COVID-19 centres.
The grievance of the Petitioner is that although the Petitioner has been
rendering timely services, since April 2020 the payments for the said
services have not been made by the Respondents. As of December 2020,
when the petition was filed, the outstanding amount of payment stands at Rs.
83,89,198/-
3. Mr. Panwar, ld. counsel appearing for the Petitioner submits that the
Petitioner, being a Micro Small and Medium Enterprise (hereinafter,
"MSME"), due to non-payments, it has also availed MSME loans. However,
even the said limits has expired. He further submits that despite repeated
representations having been made to the Respondents from time to time,
Signature Not Verified W.P.(C) 11246/2020 Page 1 of 4
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:22.01.2021 17:46
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:23.01.2021
09:25:10
payments have yet not been released in the favour of the Petitioner.
4. On the last date, this Court had heard ld. counsels for the parties and
had directed as under:
"4. In view of vital nature of the services being
performed by the petitioner in the present
circumstances, learned counsels agree, without
prejudice to the rights and contentions of the
parties, that a responsible officer of the
Directorate General of Health Services shall call a
meeting of all the concerned stakeholders within
one week from today in an attempt to resolve these
disputes and put an end to the grievances of the
petitioner."
5. Pursuant to the said directions, ld. counsels for the parties have
informed the Court that a meeting was held on 6th January, 2021 under the
aegis of the Secretary, Health and Family Welfare Department, GNCTD. It
is stated that as per the minutes of the said meeting, the District Authorities
have been directed to process the payments and release the same. The said
minutes of the meeting have been emailed to the Court. A perusal of the
same shows that there is no dispute as to the rendering of the services by the
Petitioner, as also the rates for the same. The relevant extract of the Minutes
read:
"Minutes of Meeting held on 06/01/2021 at 3:00
P.M.
As per direction of Hon'ble High Court a meeting
was held on 06/01/2021 at 3:00 P.M. in the
Conference Hall, DHC Building, F-17,
Karkardooma, Delhi to discuss the issues
regarding outstanding dues of Biotic Waste
Solution Pvt. Ltd.
A list of participants annexed (Annexure-A).
Following are the proceedings of the meeting-
Signature Not Verified W.P.(C) 11246/2020 Page 2 of 4
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:22.01.2021 17:46
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:23.01.2021
09:25:10
...
3. It was discussed that in accordance with the
decision taken in the Meeting of Advisory
Committee for Bio-Medical Waste Management
dated 29.07.2020 Rates for handling//treatment
and disposal of waste generated during
treatment/diagnosis/quarantine of COVID-19
patient was fixed at Rs.20/- per Kg. (Rupees
Twenty only per Kilogram) for dedicated COVID
care facilities established under Govt. of NCT of
Delhi.
4. Payment has to be made by dedicated COVID
care Facilities/Occupier i.e. respective districts.
This may include COVID Testing Centers and
COVID Care Centres (including Quarantine and
Isolation Centres).
5. Representative from CDMO (South District)
informed that invoices raised by Biotic Waste
Solution for COVID-19 Biomedical Waste has
been processed and forwarded to DM Office,
South District (SDM Caretaking).
...
7. All the District Authorities were directed to
process payment due for dedicated COVID Care
Facilities at the earliest.
This issues with the approval of the Director
General of Health Services, Govt. Of NCT of
Delhi."
6. Since the Petitioner has been rendering essential services during the
COVID-19 pandemic, it ought not to be constrained to approach this Court
for release of payments which are due for the said services. The
Respondents ought to have made these payments in a timely manner and on
a monthly basis. If parties such as the Petitioner have to come to the Court
for payments, it would be completely detrimental to the interest of various
COVID-19 treatment centres, including hospitals and other such facilities.
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:22.01.2021 17:46
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:23.01.2021
09:25:10
It would also be contrary to public interest, as disposal of Bio-Medical waste
is an absolutely essential service during the pandemic.
7. Considering the case of the Petitioner, as also the minutes of the
meeting dated 6th January, 2021, the following directions are being issued:
(1) The entire outstanding payments due to the Petitioner shall be
cleared by the concerned District Authority within a period of one
week from today.
(2) If the said payment is not released within one week, personal
liability would be affixed on the officer(s) concerned who has the
power to release the said payments.
(3) Insofar as future monthly payments are concerned, upon the
Petitioner raising invoices with respect to the same, after requisite
verification, as agreed, the payments shall be made within 10 days
after the submission of the invoice
(4) If there is any delay in payments to the Petitioner, the Petitioner
is permitted to approach the Secretary, Health and Family Welfare
Department, GNCTD, who shall personally look into the said
payments.
8. The petition is disposed of in the above terms.
PRATHIBA M. SINGH
JUDGE
JANUARY 21, 2021/dk/Ak
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:22.01.2021 17:46
