Observing that “there is a breach of the undertaking given to the court earlier”, the High Court of Karnataka has stayed the new tender invited by the Bengaluru Solid Waste Management Ltd (BSWML) on May 28 for collection and transportation of city’s garbage.

The court noted that on April 22, it gave permission to the State government and the BSWML to continue with the tender invited on November 7, 2024, but both the government and the BSWML, instead of continuing that tender, have now come out with a new tender.

Contrary to undertaking

Inviting new tender with new clauses is contrary to the undertaking given to the court by the State Advocate General, who had assured the court that the November 7, 2024, tender would be continued and would be taken to its logical conclusion by allowing participation of those contractors, who were either disqualified or their bids were rejected and have filed petitions before the court, to participate in the tender, the court noted.

Justice M. Nagaprasanna passed the interim order on the petition filed by Bengaluru Mahanagara Swachate Mattu Lorry Malikara Hagoo Guthigedarara Sangha.

It has been pointed out in the petition that the government, in its May 26 approval granted for floating a new tender, , imposed a condition that BSWML has to take permission from the minister in charge of the department instead of continuing the 2024 tender. This condition, the petitioner-sangha has claimed, is a clear violation of the provisions of the Karnataka Transparency in Public Procurement Act.

During the hearing, the court expressed serious displeasure with the A-G on the conduct of the State government in breaching the undertaking given to the court earlier.