9911796707
TMI Blog2024 (9) TMI 1418X X X X Extracts X X X X X X X X Extracts X X X X ..... ly of man power involved in garbage collection as well as auto tipper with condition imposed in the supply order fall within the activity of solid waste management, is a matter that requires factual appreciation after taking note of the terms of the supply order. Such exercise cannot be made by this Court in exercise of writ jurisdiction. Accordingly, the matter is remanded to the stage post show cause notice. Petitioner is also at liberty to make out reply to the show cause notice within a period of 30 days from the date of receipt of certified copy of this order. All contentions of the petitioner are kept open including as referred to by this Court in the discussion made above as well as grounds made out in the writ petition - Petition di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation of 12/2012 as amended by notification No.25/2012. 5. It is contended that despite amendment to notification No.12/2012, what would continue to be exempted is services provided to a local authority by way of solid waste management. It is contended that in terms of the supply order issued by the BBMP dated 10.03.2016, what was required to be supplied was auto tipper with drivers and helpers as also Paurakarmikas with specific obligation of garbage collection. Attention is drawn to the conditions and it is submitted that the responsibility is not only supplying transport equipments such as Auto Tippers but also supply of manpower in the form of Paurakarmikas with obligation to perform garbage collection. Accordingly, it is submitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hearing the matter for sometime, the nature of contentions raised by the petitioner require not only interpretation of the work order which would be factual but also a detailed consideration of the exemption sought for by placing reliance on the notification No. 25/2012-ST. 9. The contention whether supply of man power involved in garbage collection as well as auto tipper with condition imposed in the supply order fall within the activity of solid waste management, is a matter that requires factual appreciation after taking note of the terms of the supply order. Such exercise cannot be made by this Court in exercise of writ jurisdiction. 10. Accordingly, the matter is remanded to the stage post show cause notice. Petitioner is also at libe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
