A2Z WASTE MANAGEMENT (JAIPUR) LIMITED Vs. JAIPUR MUNICIPAL CORPORATION, JAIPUR LAL KOTHI, TONK ROAD, JAIPUR AND OTHERS

JUDGEMENT

(1.) This application has been filed by applicant A2Z Waste Management (Jaipur) Ltd. praying for appointment of an independent, impartial and qualified Arbitrator for resolving its dispute with non-applicants.

(2.) Applicant is a company incorporated under the Indian Companies Act, 1956 having its registered office at Gurgaon (Haryana). It is engaged in business of collection, segregation, transportation and disposal of municipal solid waste on designing, renovating, operating, maintaining and transferring (DPROMT) or on commercial basis for municipal corporations/local authorities/government authorities and semi government agencies.

(3.) Non-applicant-Jaipur Municipal Corporation is an instrumentality of the State having been established under the Rajasthan Municipality Act, 1959. In response to the tender invited by non-applicant Jaipur Municipal Corporation, applicant has given his bid for award of contract for development of Integrated Solid Waste Management System for Jaipur Nagar Nigam on Public Private Partnership (PPP) Model. Applicant, being successful bidder, entered into an agreement dated 24.09.2012, referred to as Concession Agreement, with non-applicant Jaipur Nagar Nigam through its Commissioner (Health) pursuant to aforesaid contract. Said contract was entered into for improving existing standard of public health and environmental quality by establishing efficient mechanism for collection and transportation of Municipal Solid Waste, to promote economic operations of service creating an efficient and effective garbage transportation system in Jaipur in accordance with Municipal Solid Waste (Management & Handling Rules), 2000. Applicant claims to have commenced the work and also raised various bills against tippling fees, but it is alleged that payment of the bills has not been cleared by non-applicants as yet, in utter disregard to the terms of contract resulting in grave financial hardship to it.