Roshan Dalvi, J.

1. Rule. Returnable forthwith.

2. The petitioners in these two petitions are competitors in the business of collection, treatment, storage and disposal of hazardous waste of various establishments in Maharashtra. They have been incorporated pursuant to the decision of the Government of Maharashtra to set up Waste Management Facilities (WMF) in the State of Maharashtra.

3. The State of Maharashtra would act through the Member -Secretary of the Maharashtra Pollution Control Board which is respondent No.2 in Writ Petition No.3953 of 2011 and respondent No.3 in Writ Petition No.5846 of 2011 (Respondent No.2).

4. Tenders were floated and bids were invited. Both the petitioners were given the award/consent to establish themselves as Hazardous Waste Treatment Storage and Disposal Facility (HWTSDF) in different areas and catering to different establishments.

5. The petitioner in Petition No.3953 of 2011 (Mumbai Waste Management Limited) (MWM) was issued the letter of award since 24 April 2001. The petitioner in Writ Petition No.5846 of 2011 (SMS Infrastructure Ltd.)(SMS) was issued the letter of consent on 27 October 2005. They have been allotted different areas i