'No Public Interest': Bombay HC Dismisses PIL For Uniform Guidelines On Awarding Tenders For Solid Waste Management In The State

A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre stated “In our considered opinion there is no element of public interest involved in the instant PIL and, therefore, it must fail and is hereby dismissed.”

The petitioner sought to direct the State government to frame guidelines for awarding tenders for collection and disposal of solid waste management in the State.

The petitioner also prayed that the State government and Municipal Corporations of Thane, Panvel and Navi Mumbai to follow the procedure laid down by the Central Vigilance Commission (CVC) in the Public Procurement Manual while awarding tenders for solid waste disposal in the cities.

The Municipal Corporations had issued various tenders for City Cleaning Services. Respondents no.5, 6 and 7 were held eligible to participate in the tender and all the three Municipal Corporations granted the tender to respondent no.7.

The petitioner contended that respondents no. 5, 6 and 7–who were held eligible to participate in the tender, had formed a cartel and that a monopoly had been created by them. He thus prayed for uniform guidelines for the grant of contracts in the three cities.

The Court observed that the authority inviting tender can formulate the tender conditions. It stated that while tender conditions can be subject to judicial review, such review is limited in nature.

Here, the Court noted that the petitioner did not submit any bid in response to the notice inviting tender. It noted that it is not the petitioner's case that the tenderers who participated in the tender were illiterate, poor to unable to approach the court.

Noting that there was no element of public interest, the Court disposed of the petition.

Case title: Yogesh Mangilal Mundhara vs. State Of Maharashtra (PIL/6/2025)

Citation: 2025 LiveLaw (Bom) 50