01-05-2025
Karnataka HC sets 4-month timeline to complete solid waste tender process in Bengaluru
The Karnataka High Court has set a four-month timeline for the completion of the solid waste tender issued in November 2024 by the Bengaluru Solid Waste Management Limited (BSWML). The order was passed on April 22 by a bench consisting of Justice M Nagaprasanna and was recently made available.
In this case, a series of petitions had been filed by waste disposal contractors. A tender was originally issued for waste disposal in 2022 and upheld by the Karnataka High Court, after which the tender applications of several contractors were blacklisted or not accepted. The tender was then withdrawn before the stage of awarding, and a new one was issued in 2024.
The contractors argued that the withdrawal of the tender was a mala fide action and was not done for the reasons of economic viability alone, as argued by the state government. They argued that the original 2022 tender should have been taken to the logical conclusion. Counsels representing some other contractors stated that they had no issue with the cancellation of the original tender, but claimed that they had been blacklisted on 'frivolous' grounds and should be allowed to participate in the new one. The Advocate General had also stated that except for those blacklisted for misconduct or fraud, all others could participate in the tender.
The bench declined to interfere with the validity of the new tender, explaining, 'This Court in exercise of its jurisdiction under Article 226 of the Constitution would not sit in the armchair of experts to assess the price bids that had come about earlier or the reserve price. The only examination in the cases at hand was qua tenability of cancellation of tender. I find that cancellation of tender is based on sound reasoning and does not suffer from palpable or demonstrable arbitrariness.'
The court directed that the petitioners could participate in the new tender, which would have to be completed in four months. It also stated that the contractors could approach the court if the timeline was breached, and the matter would be viewed seriously.
