JUDGMENT

Prateek Jalan, J. (Oral)

1. The petitioner was awarded a contract by the respondent-Municipal Corporation of Delhi ["MCD"] under a Letter of Award dated 03.11.2022 ["the Contract"] for disposal of 30 Lakh mega tonnes of legacy waste by bio-remediation and bio-mining at the Okhla dumpsite, Delhi. Under the Contract, the petitioner was required to segregate inert material from the dumpsite and supply that to the National Highways Authority of India ["NHAI"] after due processing.

2. The petitioner's grievance is that a penalty of approximately Rs.8.5 crores has been imposed upon it purportedly, under Clause 7.4.7 of the Contract, on the ground that inert material had been transported with unprocessed material, leading to an allegation of inefficient quality control mechanism at the site.

3. The petitioner made a representation to the Commissioner, MCD on 06.07.2023 against this decision (styled as an "appeal"). The Executive Engineer (SLF), Okhla disposed of the said representation on 31.07.2023, holding that the levy is covered by Clause 7.4.7 of the Contract, that the quality of the material has not been surveyed by NHAI's Engineers, and that the responsibility for quali