S.J.MUKHOPADHAYA,.J. - (1.) THIS writ petition has been preferred by the petitioner commanding upon the respondents to show cause as to why they be not allowed to auction sell the non -ferrous metal wastes to any party, particularly when the 4th respondents has been allowed the sale order in violation of Rules 19 and 20 of the Hazardous Wastes (Management and Handling) Rules, 1989 (hereinafter to be referred as H.W. Rules, 1989). Further prayer has been made for a direction on the Heavy Engineering Corporation Ltd., Ranchi (M/s H.E.C. Ltd.) to produce before this Court the entire files, relating to tender process of Tender No. FFP/Disp./N.F.Chips TENDER/JULY -05/ dt. 26.07.2005 and to quash their decision or the order, awarding contract.
(2.) ACCORDING to the petitioner, the aforesaid tender was published by Heavy Engineering Corporation Ltd. on 26th July, 2005 for the purposes of disposal/auction sale of its non -ferrous metal wastes, lying at its Foundry Forge Plant, Heavy Tools Plant and Heavy Machine Building Plant. The Schedule, appended to the tender documents, mentions the descriptions of materials, such as, Brass -chips, Mixed N.F. T/B, Mixed N.F. ingot, Mixed N.F. Skull, Dross and Spillage and Floor Sweeping, which are Schedule 4 items of H.W. Rules, 1989. Further case of the petitioner is that it is duly registered under the provisions of H.W. Rules, 1989 and is eligible to dispose and auction sell non - ferrous metal wastes. It purchased tender papers in time and submitted its bid within the stipulated date i.e. by 17th October, 2005 at 11.00 a.m. As per the tender notice, it was required to deposit earnest money at 5% of quota value and stipulation was made that tender without earnest money deposit was to be rejected. According to the petitioner, along with tender documents general terms and conditions of disposal sale tender were given, wherein, at Clause 4 it was mentioned that the tender should be accompanied by earnest money at the rate of 2.5% of the quoted value and shall be deposited in the form of D.D. drawn in favour of Heavy Engineering Corporation Ltd., Ranchi. The petitioner quoted its offer price for Item No. 1 (Brass chips), Item No. 2 (Mixed N.F. T/B), Item No. 5 (Dross and Spillage) and Item No. 6 (Floor Sweeping) at the rates of Rs. 88,786 per M.T., Rs. 81,678 per M.T., Rs. 32,988 per M.T. and Rs. 30,786 per M.T. respectively but due to ample confusion, it furnished D.D. of Rs. 3,00,000/ - for all the four items, which was Rs. 19,000/ - short than the quoted amount. On 18th October, 2005 the price bids of all the parties, including the petitioner, were opened but the petitioner came to know that though the 4th respondents, M/s Shiv Kumar Sunil Kumar, a partnership firm, Mirzapur (U.P.), is not registered as authorized Re -refiner or Recycler, yet the respondent M/s H.E.C. Ltd. has proceeded to award the entire tender in favour of 4th respondent, in violation of H.W. Rules, 1989. According to M/s H.E.C. Ltd., though the petitioner submitted tender papers, upon scrutiny it was found that it did not fulfill the terms and conditions, because it did not deposit the requisite earnest money, which was approximately Rs. 20,000/ - less than the amount, as was required to be deposited.
(3.) THE petitioner has specifically pleaded that its unit is registered by Central Pollution Control Board, Delhi, and the Ministry of Environment and Forest, Government of India, New Delhi and, thus, entitled for re -refining and recycling. It is further alleged that the 4th respondent is not registered by Central Pollution Control Board, Delhi, in terms with H.W. Rules, 1989.;