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2021 Supreme(Pat) 1151

CHAKRADHARI SHARAN SINGH
EMS Infracon Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. S.D. Sanjay, Sr. Adv., Ms. Parul Prasad.
For the Resp. Nos.7 to 10 : Mr. K. N. Singh
For the State : Mr. Kinkar Kumar.
For the BUIDCo : Mr. Lalit Kishore, Sr. Adv.
For Resp. No. 11 : Mr. P.K. Shahi, Sr. Adv., Manoj Kumar Singh, Saket Tiwari.

Chakradhari Sharan Singh, J.—This matter has been taken up for hearing online because of COVID 19 pandemic restrictions.

2. The controversy in the present writ application arises out of a tender process undertaken by the respondent - Bihar Urban Infrastructure Development Corporation Limited (in short “BUIDCo”) in relation to sewerage and sewerage treatment at Hajipur for pollution abatement of river Ganga in Bihar under Namami Gange Programme at a sharing ratio of 70:30 between the Central and the State Government of Bihar with the following major components:—

(i) Construction of remaining Sewer network: 138.9 km. including 2.5 km. Using trenchless technology.

(ii) Sewage Pumping Station (SPS) – 4 no.

(iii) House Connections Chambers

(iv) Completion of construction of STP of 22 MLD capacity.

Relevant portion extracted from the guidelines issued by the Central Government for the National Mission for Clean Ganga (for short “NMCG”) has been brought on record by way of Annexure-1 to the writ application. From the said extract and the pleadings from the record, it is easily culled out that NMCG has been established as a registered society which is responsible for effective implementation of

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