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2023 Supreme(Cal) 804

SABYASACHI BHATTACHARYYA
Greentech Environ Management Private Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Reshmi Ghosh, Mr. Soumya Sarkar Chini
For the Respondent: Mr. Jayanta Samanta, Ms. Arpita Mandal, Mr. Sirsanya Bandopadhyay, Mr. Avishek Guha, Ms. Akansha Chopra

JUDGMENT :

Sabyasachi Bhattacharyya, J:-

1. The petitioner no. 1-company deals with bio-remediation and biomining of municipal and legacy waste. The petitioner no. 2 is its director.

2. The petitioner no. 1 participated in a tender floated by the Kolkata Metropolitan Development Authority (KMDA) and turned out successful. Consequently, the petitioner no. 1 was awarded work contracts in respect of several districts, all dated February 17, 2021. The work contracts pertain to bio-mining of legacy waste and land-reclamation of dumpsites utilizing scientific method. The petitioner no. 1 is still working under the said contracts.

3. After performing the work for some time, on September 6, 2021, a certificate was issued by the Chief Engineer, Sewerage, Drainage and Solid Waste Management Sector, KMDA. The said document certified, inter alia, that the petitioner no. 1 had successfully completed bioremediation of legacy waste quantity of 6.10 Lakh Metric Tons “up to 31.07.2021” at the sites across West Bengal, as mentioned therein. It was further stated that the certificate-issuing authority was satisfied with the performance of the petitioner no. 1 “so far”.

4. However, on June 23, 2023, the re

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