Gujarat High Court
Suo Motu vs Ahmedabad Municipal Corporation ... on 6 August, 2021
Author: J.B.Pardiwala
Bench: J.B.Pardiwala, Vaibhavi D. Nanavati
C/WPPIL/98/2021 ORDER DATED: 06/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 98 of 2021
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SUO MOTU
Versus
AHMEDABAD MUNICIPAL CORPORATION THROUGH THE MUNICIPAL
COMMISSIONER, AHMEDABAD & 3 other(s)
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Appearance:
SUO MOTU(25) for the Applicant(s) No. 1
for the Opponent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
and
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 06/08/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA) The news item reported by the 'Ahmedabad Mirror' in its article dated 4th August 2021 as regards the STP at Pirana, Ahmedabad, has come to our notice.
The reporting is as under :
"STP at Pirana flouts parameters Sewage not treated as per norms Company has not been following parameters set for COD-BOD treatment, and yet gets away without penalty "Polluted water being released into Sabarmati : The AMC is spending crores of rupees for the cleaning of Sabarmati river but the fact is it is not releasing properly treated water into the river. The parameters of water Page 1 of 4 Downloaded on : Sat Aug 07 19:46:31 IST 2021 C/WPPIL/98/2021 ORDER DATED: 06/08/2021 treatment are not followed at the Pirana STP and penalties are being waived off. The plant has also not been upgraded for the past nine years since its inception."
"Nine years ago, the AMC built a 180 MLD capacity STP at Pirana at a cost of Rs.58 crore. But gutter water is not being treated according to set rules since the beginning.
Every time a tender is put out for operation and maintenance of the STP, provisions for penalties are mentioned if COD-BOD treatment parameters are not maintained. However, even though the parameters are not adhered to, the operating company is never penalised.
Curiously, the same company also gets the contract to run the STP every time. Indeed, many companies don't participate in the tender process due to the specific clause of penalties, so this one company keeps winning the contract.
A proposal has been put up to award a two-year contract for the STP to DNP Infrastructure Private Limited on a single tender in the standing committee meeting to be held on August 5.
According to the proposal, a three-year contract tender had been put out for the STP but not a single tender offer was received. That is why a two-year tender had been put out which states that the company awarded the contract would have to maintain the condition of the plant as also the clarifires, aeration systems, sludge handling systems there. The only qualified company in this tender was DNP Infrastructure.Page 2 of 4 Downloaded on : Sat Aug 07 19:46:31 IST 2021
C/WPPIL/98/2021 ORDER DATED: 06/08/2021 The company was supposed to begin work on July 1 after the approval of Rs.6 crore as cost was approved. However, the water and sewerage committee had approved that the company would work till the time the pumping upgrade is complete.
The plant was built at a cost of Rs.58 crore. It was built between 2008 and 2012 after which the maintenance operations were given to a company named Enviro Control. However, since then DNP Infrastructure Private Limited has been running the plant.
A civic official on condition of anonymity said, "Gutter water is not getting treated as per set parameters at Pirana. In spite of this, the company's penalties are being waived off each time. They have been running the plant for nine years now."
Thus, it appears, as reported, that the gutter water is not being treated in accordance with the set norms, rules and regulations since the time the contract came to be awarded in favour of the company named in the newspaper report.
We take notice of the fact, as reported, that despite flagrant violations at the end of the company, the Ahmedabad Municipal Corporation keeps on awarding the contract in favour of the company, namely, DNP Infrastructure Private Limited, and that too, on a single tender.
It is very shocking to learn that polluted water is being directly released into the Sabarmati river.
Page 3 of 4 Downloaded on : Sat Aug 07 19:46:31 IST 2021C/WPPIL/98/2021 ORDER DATED: 06/08/2021 This Court is of the view that the attention of the State Government and the Ahmedabad Municipal Corporation should be immediately drawn to the aforesaid, and in such circumstances, we propose to take suo motu cognizance of the above news item in public interest.
The registry is directed to register a writ petition by giving a regular 'pucca' number. Once the same is registered, the registry shall issue NOTICE to the following respondents, returnable on 20th August 2021 :
(1) Ahmedabad Municipal Corporation (Notice to be served through the Municipal Commissioner, Ahmedabad) (2) DNP Infrastructure Private Limited (As the address of the DNP Infrastructure Private Limited is not available, the notice to the company shall be served by the Ahmedabad Municipal Corporation) (3) Gujarat Pollution Control Board;
(4) State of Gujarat (Notice to be served through the Principal Secretary, Gujarat Water Supply and Sewerage Board).
(J.B. PARDIWALA, J.) (V.D.NANAVATI, J.) /MOINUDDIN Page 4 of 4 Downloaded on : Sat Aug 07 19:46:31 IST 2021