A division bench of the Bombay High Court comprising Chief Justice Dipankar Datta and Justice Abhay Ahuja has dismissed a petition challenging the decision of the Ambernath Municipal Corporation to issue e-tenders for the collection and transportation of solid waste only through electric vehicles it was done.
The municipal council had appointed the petitioner for a period of five years in 2016 through a work order for collection and transportation of municipal solid waste. Due to the Kovid-19 pandemic, the election of the general body of the council could not be held and an administrator was appointed. The Administrator granted three extensions to the petitioner after a period of five years and the third extension was granted between October 1 and December 31, 2022 or till a fresh quotation is received for solid waste collection.
On October 27, 2022, the Administrator issued an e-tender in which a section stated that the collection and transportation of solid waste can only be done through e-vehicles. The petitioner had challenged the e-tender on the ground that the Administrator had no authority to take a policy decision and proceed with the appointment of a new contractor for collection and transportation of solid waste. Further, it was argued that provision of 100 e-vehicles for door-to-door collection and transportation of municipal solid waste is not immediately available and hence, such terms of the tender notice would render the entire process impractical.
The court, in its order, noted that as per Section 316 of the 1965 Act, when an administrator is appointed, he ceases to be a municipal council. In addition, the Administrator is empowered by law to discharge all those duties and functions which the Municipal Council could have discharged in the ordinary course of business.
The court noted that the third extension was granted to the petitioner on the condition that it would continue till a fresh quotation is received. The court said, “Accepting such a condition imposed by the Administrator, it is clear that the petitioner is seeking to blow hot and cold at the same time. Therefore, we are unable to accept the challenge of the petitioner that the Administrator disputed e-tender notice was issued.”
The Bench further noted that a time of six months was given from the date of work order for procurement of e-vehicles.
The bench said, “In the present times of advancement of science and technology, when a shift towards e-vehicles is likely to be observed, it would be inappropriate to accept a challenge of the present nature. In fact, we require the Administrator to ensure that The effort must be appreciated that the use of e-vehicles is being encouraged for the purpose of door-to-door solid waste collection and transportation to the dumping ground.
The HC also said that it is not the job of the court to sit in appeals from administrative decisions. The order states, ‘Before we part, we need to state that it is not the job of the court to appeal administrative decisions, unless the decision is so outrageous as to shock the conscience of the court. The Administrator is best suited to decide what will be best in the interests of the Council in relation to solid waste collection and transport.”
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