HARISH TANDON, J. - (1.) The Kolkata Municipal Corporation floated E-Tender inviting an application for operation and maintenance of the newly established modern abattoir for slaughter of the animal. Clause 1.3 (e) of the notice inviting E-tender mentioned that the abattoir complex will run in two shifts and the first shift will be dedicated to the authorised licensee of the Corporation to slaughter 400 animals upon payment of a slaughter charges fixed by the Corporation and meant for local consumption whereas the second shift will be operated by the bidders for private business/value addition or export of meat products. The successful bidder shall be handed over the abattoir complex upon execution of agreement for a period of 10 years on license/rental basis. The petitioner feels grieved by clause 1.3 (e) of the NIT being arbitrary, irrational and discriminatory and offends Article 14 of the Constitution of India. Principally, the NIT is challenged in the instant writ petition on the above ground.
(2.) The undisputed facts are that the Corporation established the modern abattoir for slaughter of the animals having a maximum capacity of 1200 slaughters per day. Since the Corporation finds difficulty in operating and maintaining and/or managing the said modern abattoir, it floated E-tender inviting application from various bidders to operate and maintain the same on a lease/rental basis and an agreement in this regard shall be executed in favour of the successful bidder.
(3.) Previously, the application of the petitioner company made to the Kolkata Municipal Corporation (KMC) was considered and was allowed permitting 200 slaughters of buffaloes per day in the said modern abattoir. The said licence was issued for the year 2012-13 stipulating that the slaughtering will commence only after the new abattoir start functioning and/or operating. The petitioner-company applied for renewal of the license for the year 2013-14 but the same was kept in abeyance which compelled the petitioner to move before the Court by filing W.P. 27729 (w) of 2014. The said modern abattoir became operational on and from 1st September, 2014 and the application filed by the petitioner company for renewal was disposed of by the K.M.C on 5th December, 2014 in terms of the order passed in the said writ petition.;