M.Y.EQBAL, J. - (1.) THIS appeal by the appellant (respondent No. 4 in the writ petition) under Clause 10 of the Letters Patent is directed against the judgment and order dated 15.06.2006 passed in W.P.(C) 1018 of 2006 whereby the learned Single Judge allowed the writ application filed by respondent No. 1 herein prohibiting and restraining the respondent -Heavy Engineering Corporation (in short HEC) from selling non -ferrous metal wastes to the present appellant.
(2.) BY a tender notice dated 26th July, 2005 the respondent -HEC invited tender for disposal/auction sale of its non -ferrous metal wastes, lying at its Foundry Forge Plant, Heavy Tools Plant and Heavy Machine Building Plant. The non -ferrous metals, as mentioned in the tender notice, consisted of materials, such as, brass -chips, mixed N.F.T/B, mixed N.F. ingot, mixed N.F. skull, dross and spillage and floor sweepings. The case of the writ petitioner was that it is duly registered under the provisions of Hazardous Waste (Management and Handling) Rules, 1989 (in short H.W. Rules, 1989) and was eligible to purchase the non -ferrous metal wastes. Further case of the writ petitioner was that it submitted tender but due to some confusion it could not fulfill the conditions of the tender notice. It was alleged that respondent No. 4 is not registered as authorized Re -refiner or Recycler but yet the tender was allotted to respondent No. 4 in utter violation of the provision of H.W. Rules, 1989.
(3.) THE appellant, who is respondent No. 4 in the writ petition, filed a detailed counter affidavit stating therein that the appellant firm is duly registered under Rule 5 of H.W. Rules, 1989. It wag further stated that the products and the scrapes which were described in the tender paper as by -product of copper waste non -ferrous material do not come under non -ferrous metal, is hazardous wastes and for that the appellant was authorized under Rule 5 of H.W. Rules and a certificate to that effect was also issued by the Uttar Pradesh Council of Control Board for collection, reception, treatment, storage and destruction of hazardous wastes.;