Madras High Court
Puducherry Environment Protection ... vs Puducherry Urban Development Agency on 18 July, 2016
Bench: Sanjay Kishan Kaul, R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.07.2016 CORAM : The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. Nos.1601, 1429, 2238, 2239, 2647 to 2654, 2723 to 2735 of 2011 and M.P.Nos.2 of 2011 W.P.No.1601 of 2011: Puducherry Environment Protection Association, A Society registered under the Societies Registration Act, 1860 (Reg.No.98/07), rep. by its Secretary, No.18, Sarkari Vinayagar Kovil Street, Koodapakkam & Post, Pudhucherry 605 502. .. Petitioner -vs- 1.Puducherry Urban Development Agency, A Society registered under the Societies Registration Act, 1860, (Regn No.240/1998) rep. by its Project Directorate No.16, Suffren Street, Puducherry 605 001. 2.Government of Puducherry, rep. by its Chief Secretary, First Floor, Chief Secretariat, Gubert Avenue, Puducherry 605 001. 3.Union of India, rep. by its Secretary to the Government of India, Ministry of Finance, North Block, New Delhi. 4.Kivar Environ Private Limited, rep. by its Director P.V.Sudeesh Unit No.807, 7th Floor, Oxford Towers No.139, Airport Road, Kodihalli, Bangalore-560 008, Karnataka. 5.Puducherry Municipal Services Private Limited, rep. by its Director, No.22, Sringeri Madam Street, 14th Cross, Anna Nagar, Puducherry 605 005. 6.Government of Puducherry, rep. by its Secretary-Local Administration, IInd Floor, Chief Secretariat, Puducherry-605 001. .. Respondents W.P.No.1601 of 2011 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records in connection with G.O.Ms.No.1 dated 01.04.2010 on the file of the sixth respondent and the consequent notification Ref.No.0631/PD/PUDA/ISWM/2009 on the file of the first respondent and quash the same holding (a) that the City Development Plan and the Details Project Report as irrational and not based on valid and scientific date (b) setting at naught, all decisions based on these reports and (c) direct the Government of Puducherry to comply with JNNURM criteria and Ministry of Finance guidelines Ref.F.No.24(1)/PF.II/07 dated 05.12.2007 in the event of choosing a parivate partner for implementation for the scheme. For Petitioner : Mr.R.Sudalaikannu in W.P.1601/2011 (change of counsel) No Appearance in W.P.1429/2011 Mr.B.Baskaran in W.P.2238, 2239. 2647 to 2654 & 2723 to 2735/2011 For Respondents : Mr.M.Govindarajan Govt. Pleader (Pondy) for R1,2,5&6 in W.P.1601/2011; R1toR8 in W.P.1429/2011; R1toR4 in W.P.2238&2239/2011; & 2723to2735/2011; R1toR3 in W.P.2647to2654/2011 Mr.A.Jenasean for R4 in W.P.1601/2011; R7 in W.P.1429/2011; R5 in W.P.2238&2239/2011; 2723 to 2735/2011; 2647to2654/2011 * * * * * COMMON ORDER
(Order of the Court was made by The Hon'ble Chief Justice) We are informed that the project forming the subject matter does not really survive and in fact, disputes arose between the State Government and the executing contracting party, which has been referred to arbitration. Subsequently, another contractor have been appointed and they are now collecting the garbage from door to door.
2. We are informed that some change of vakalats have been given, which may be noted in the order sheet.
3. The writ petitions are thus closed. No costs. Consequently, M.P.Nos.2 of 2011 are also closed.
(S.K.K., CJ.) (R.M.D., J.) 18.07.2016 Index : Yes/No Internet : Yes/No bbr To
1.The Project Directorate Puducherry Urban Development Agency, A Society registered under the Societies Registration Act, 1860, (Regn No.240/1998) No.16, Suffren Street, Puducherry 605 001.
2.Chief Secretary, Government of Puducherry, First Floor, Chief Secretariat, Gubert Avenue, Puducherry 605 001.
3.The Secretary to the Government of India, Ministry of Finance, North Block, New Delhi.
5.The Director, Puducherry Municipal Services Private Limited, No.22, Sringeri Madam Street, 14th Cross, Anna Nagar, Puducherry 605 005.
6.The Secretary-Local Administration, Government of Puducherry, IInd Floor, Chief Secretariat, Puducherry-605 001.
The Hon'ble Chief Justice and R.Mahadevan, J.
bbr W.P. Nos.1601, 1429, 2238, 2239, 2647 to 2654, 2723 to 2735 of 2011 18.07.2016