Court No. - 39
Case :- WRIT - C No. - 20091 of 2021 Petitioner :- M/S Sushila Bio Medical Waste Plant Pvt. Ltd.
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Siddharth Singhal,Ankita Singhal Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner and learned counsel for the State-respondents.
Petitioner is aggrieved by the stipulation in the tender notice dated 24.7.2021 that a facility (CBWTF) would be allowed to cater to Health Care Facilities within the area of operations wherein, the petitioner had already established a Facility for treatment of Bio Medical Waste (CBWTF). Reference has been made to clause 5,2,4 of the Biomedical Waste Management Rules, 2016 to submit that the health care facilities are obliged to enter into an agreement with authorized CBWTF operating within 75 kilometres radius for treatment and disposal of Bio Medical Waste generated by them.
The record indicates that on some complaint, Central Pollution Control Board has suspended the environment clearance to the petitioner-Company and the dispute in this regard is pending before the National Green Tribunal. In the said scenario, without environmental clearance, the petitioner can not operate the CBWTf as it is one of the eligibility criteria for the purpose. As the petitioner is not eligible for the contract as stipulated in the tender notice dated 24.7.2021 as on date, we cannot take any exception to the terms and conditions stipulated in the tender notice at its instance.
In view of above, no mandamus can be issued. The writ petition is, accordingly, dismissed.
Order Date :- 13.8.2021 A.P. Pandey