- (1.) Extensive arguments were advanced by the counsel for the Petitioner at the admission stage itself who has assailed the order passed by the High Court of Judicature at Bombay in Writ Petition No. 3953/2011 whereby the High Court was pleased to dismiss the writ petition directing the Petitioner not to encroach upon the area of operation allotted by Respondent No. 2, Secretary of Environment, Government of India to any other facility except its own.
(2.) The Petitioner-Mumbai Waste Management Ltd. (shortly referred to as 'MWM') in writ petition No. 3953/2011 out of which present SLP arises was issued the letter of award to collect, treat, recycle, reprocess, store and dispose of hazardous waste from the area allotted to the Petitioner. Similarly, the Respondent No. 5 SMS Infrastructure Ltd. was also issued the letter of consent on 27.10.2005 for treatment, storage and disposal facility of hazardous waste from the area allotted to Respondent No. 5. The areas were determined upon certain geographical criteria. The Petitioner-MWM has been allotted the Westernmost Belt of Maharashtra consisting of districts of Thane, Raigad, Ratnagiri and Sindudurg outside Bombay. Similarly, Respondent No. 5 - SMS had been given other districts to deal with waste management facilities. Since the Petitioner-MWM was issued the letter of award for the years prior to Respondent No. 5, the Petitioner MWM felt aggrieved as it curtailed some part of their area of operation as part of those areas were given to Respondent No. 5 - SMS since it offered more facilities for treatment of hazardous waste by the government.
(3.) The Petitioner-MWM, therefore, challenged the fixing of the territorial jurisdiction and the assignment of the areas of operation by the government-Respondent No. 2 and claim that it is entitled to collect the hazardous waste of establishment outside the area allotted to it.;