Disposed¶22

Mumbai Shahar Berojgar Seva Sahakari Sanstha Federation Limited v. Municipal Corporation of Greater Mumbai (Mcgm)

Bombay HC9 Jan 2025WP/1439/2024

Case brief

AI extract

What is this about?

MCGM/BMC tender challenge; notice inviting tender dated 7 March 2024; door-to-door solid waste collection from slums, passage, drainage and toilet cleaning; Government Resolution dated 17.08.2002; Circular dated 23.10.2002; Urban Development Department, Government of Maharashtra; compliance report; directions binding on MCGM; interim order; adjourned to 20 February 2025; Writ Petition No. 1439 of 2024; Bombay High Court.

What did the court decide?

From the stand taken by the Urban Development Department, it is evident that the impugned tender conditions are not in accordance with the Government Resolutions dated 17th August 2002 and 23rd October 2002. ¶20

Mumbai Shahar Berojgar Seva Sahakari Sanstha Federation Limited vs Municipal Corporation of Greater Mumbai (Mcgm) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether the notice inviting tender dated 7th March 2024 issued by respondents 1 to 3 (MCGM) for door-to-door collection of solid waste from slum households, passage cleaning, drainage cleaning and toilet cleaning is liable to be withdrawn on the ground that it was issued in contravention of the Government Resolutions dated 17th August 2002 and 23rd October 2002.

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Court's answer

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Ratio / Principle

The Municipal Corporation of Greater Mumbai has been directed by the Urban Development Department to strictly comply with the stipulations of the Government Resolutions dated 17th August 2002 and 23rd October 2002, and the directions issued by the Urban Development Department are binding on the MCGM.

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Detailed headnote1 paragraphs

Bombay High Court (Alok Aradhe, CJ. and Bharati Dangre, J.), Writ Petition No. 1439 of 2024, order dated 13 February 2025 (interim): The petitioner Federation sought a direction to respondents 1 to 3 (MCGM) to withdraw the notice inviting tender dated 7th March 2024, issued for door-to-door collection of solid waste from slum households, passage cleaning, drainage cleaning and toilet cleaning for four years, on the ground that it contravened the Government Resolutions dated 17th August 2002 and 23rd October 2002. An affidavit of the Deputy Secretary, Urban Development Department recorded that MCGM officers had been directed to strictly observe and comply with the Government Resolution dated 17.08.2002 and the Circular dated 23.10.2002 and to submit a compliance report. The Court observed that, on the UDD's stand, the impugned tender conditions were evidently not in accordance with those Government Resolutions and that the UDD's directions were binding on MCGM. Counsel for MCGM sought a short adjournment; the petition was listed on 20th February 2025. No final relief was granted at this stage.

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13-WP.1439.2024

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Jvs.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 1439 OF 2024

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Digitally signed by JAYANT JAYANTVISHWANATH VISHWANATHSALUNKE SALUNKE Date: 2025.02.13 18:03:56 +0530

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Mumbai Shahar Berojgar Seva } Sahakari Sanstha Federation Limited } Petitioner Versus Municipal Corporation of Greater } Mumbai & Ors. } Respondents

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Mr. Mayur Khandeparkar with Mr. Aditya Miskita, Mr. Sanjeel Kadam, Ms. Netra Jagtap i/b. Kadam & Co. for petitioners.

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Ms. Oorja Dhond i/b. Ms. Komal Punjabi for respondents 1 to 3.

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Mr. Abhay L. Patki, Additional Government Pleader for respondents 4 to 6 (State).

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CORAM: ALOK ARADHE, CJ. & BHARATI DANGRE, J. DATE: FEBRUARY 13, 2025

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PC:

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1. In this writ petition, the petitioner, inter alia , seeks direction to respondents 1 to 3 to withdraw the impugned notice inviting tender dated 7^th March 2024, which has been issued for door to door collection of solid waste from household from slums, passage cleaning, drainage cleaning and toilet cleaning for the period of four years.

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2. The principal challenge to the impugned notice inviting tender is on the ground that the same has been issued in contravention of the Government Resolutions dated 17^th August 2002 and 23^rd October 2002.

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3. An affidavit has been filed by the Deputy Secretary, Urban Development Department, Government of Maharashtra,

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13-WP.1439.2024

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wherein, in paragraphs 6 and 7, following averments have been made: -

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“6. On behalf of the Urban Development Department, Government of Maharashtra, it was informed to the concerned Officers from the MCGM strictly observed and comply with the stipulations in the Government Resolution dated 17.08.2002, as well as, Circular dated 23.10.2002, issued by the Urban Development Department, Government of Maharashtra. The authorities also have been directed to submit their Compliance Report. I crave leave to refer to and rely upon the minutes of the meeting held on 03.05.2024 from the Urban Development Department, Government of Maharashtra.

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Having regard to the contentions of the Petitioner, it is respectfully submitted that, the present Respondents are issued appropriate directions to the respective MCGM, the Planning Authority to strictly complied with the stipulations and conditions in the Government Resolution dated 17.08.2002, while executing the works as stated in the said Government Resolution. I reserved my rights to file further Affidavit.”.

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4. Thus, from the stand taken by the Urban Development Department, it is evident that the impugned tender conditions are not in accordance with the Government Resolutions dated 17^th August 2002 and 23^rd October 2002. The Municipal Corporation of Greater Mumbai (MCGM) has been directed to strictly comply with the stipulations of the aforesaid Government Resolutions. The directions issued by the Urban Development Department are binding on the MCGM.

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5. Learned counsel for the MCGM prays for a short adjournment.

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6. List on 20^th February 2025 .

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(BHARATI DANGRE, J.) (CHIEF JUSTICE)

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Mumbai Shahar Berojgar Seva Sahakari Sanstha Federation Limited v. Municipal Corporation of Greater Mumbai (Mcgm)

Case brief

What is this about?

What did the court decide?

Mumbai Shahar Berojgar Seva Sahakari Sanstha Federation Limited v. Municipal Corporation of Greater Mumbai (Mcgm)

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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