IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 8-12-2008 Coram THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR W.P.No.25683 of 2008 & M.P.No.2 of 2008 M/s.Tass Women's Group Federation, rep.by its Secretary N.Selvi, New Bus Stand, Vellore - 4. ...Petitioner Vs. 1. The Government of Tamil Nadu, rep.by Secretary, Municipal Administration and Water Distribution Department, Fort St.George, Chennai - 9. 2. The District Collector, Collectorate, Vellore. 3. The Member Secretary, Local Planning Authority, Collectorate, Vellore. 4. The Commissioner, Vellore Corporation, Vellore. ...Respondents Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of certiorarified mandamus calling for the records from the file of the 4th respondent pertaining to public auction proposed to be conducted on 29.10.2008 pursuant to the resolution dated 29.9.2008 as published in Daily Thanthi, Vellore Edution dated 3.10.2008 and quash the same and further direct the 4th respondent to allow the petitioner to maintain the bus stand in the present manner at least for one year from 29.10.2008. For Petitioner : Mr.Su.Srinivasan For Respondents : Mr.V.R.Thangavelu, Addl.Government Pleader (Writs) https://hcservices.ecourts.gov.in/hcservices/ O R D E R By consent of both sides the writ petition is taken up for final disposal. 2. The prayer in this writ petition is to quash the public auction notice issued by the 4th respondent for the auction to be conducted on 29.10.2008, pursuant to the resolution dated 29.9.2008, published in Daily Thanthi, Vellore Edition, dated 3.10.2008 and direct the 4th respondent to allow the petitioner to maintain the bus stand in the present manner, at least for one year from 29.10.2008. 3. The petitioner Federation is a Women Self Help Group, registered under the Tamil Nadu Societies Registration Act, 1975, with registration No.191/2008. According to the petitioner, the bus stand at Vellore was shifted to the present premises about 3 1/2 years ago. The land is owned by the Co-Operative Fruit Processing Society and the third respondent paid Rs.50 lakhs towards lease amount to the Society for using the land for the purpose of bus stand. From the inception of the new bus stand, the Vellore Exnora Green Cross was requested to maintain the bus stand by the then District Collector, Vellore, and the said Exnora Green Cross formed six women self-help groups to maintain the bus stand by providing technical expertise, particularly in solid and liquid waste management and the petitioner was permitted to collect toilet usage charges, two-wheelers parking charges and entry fees for the buses. According to the petitioner, 80% of the entry fee has to be remitted to the third respondent and the petitioner is remitting the same. Petitioner Federation in order to maintain the bus stand engaged 118 persons for various activities, of which 47 members are physically challenged, 21 members are widows, 12 members are deserted women, and four members belong to helpless family. The said members are working for 12 hours on two shift basis to reduce the expense of wages and they are paid Rs.2,400/- to Rs.4,500/- per month. Petitioner collects a total sum of about Rs.4.75 lakhs in a month, of which Rs.85,000/- representing 80% of entry fee collected from buses, is being remitted to the third respondent. 4. According to the petitioner, for effective implementation of their work, they constructed parking area shelter, dug a well for drinking water purpose, garbage segregation shed, cow shelter, kitchen and dining hall and carried out extensive civil work and fencing of entire bus stand out of the profits earned. The entire bus stand and its surrounding are cleaned round the clock under the technical expertise and advise given by the Exnora Green Cross, implementing the project of solid and liquid waste management. The entire wastes are re-cycled/treated by storing the liquid waste in the corner of the bus stand without the same enter into the adjacent Palar river. More than 150 ducks are used to control https://hcservices.ecourts.gov.in/hcservices/ mosquito breeding. About 50 cows are maintained in order to recycle the waste water coming from the hotel, to convert the bio- degradable solid waste to compost (organic manure). According to the petitioner, Vellore bus stand is the only bus stand solely managed by the Self Help Group, doing the following works: 1. 24 hours area cleaning 2. Segregation of littered waste and utilizing for recycling 3. Converting of Bio-degradable waste into compost 4. Treating of waste water by cultivating cattle feeding grass (CO-3) 5. Maintaining abandoned cattles (KOSALA) 6. Undertaking and maintaining pay & use toilets, two-wheeler parking points and collecting private bus entry fees. While the petitioner was doing all the above said works for the past 3 1/2 years, the first respondent took a decision on 31.7.2008 to hand over the maintenance of the bus stand to the 4th respondent. Thereafter, the 4th respondent took a decision by resolution dated 29.9.2008 and resolved to take over the administration of the new bus stand, which was under the control of the third respondent, pursuant to which the 4th respondent by resolution called for public auction to do ten works, which were hitherto managed by the petitioner and auction date was fixed as 29.10.2008. The said auction notice proposing to conduct auction on 29.10.2008 was challenged by the petitioner in this writ petition on 22.10.2008. 5. The 4th respondent has filed counter affidavit by contending that the petitioner Federation, as Self Help Group, was registered only on 22.8.2008, after the bus stand has been transferred to the Corporation. For 3 1/2 years, petitioner Federation maintained the bus stand without any agreement or valid licence and hence the petitioner has no vested right to maintain the bus stand. After the formation of Vellore Corporation by upgrading the Vellore Municipality, to maintain the roads, street lights, drainage facility, water facility, storm water facility, etc., the Corporation has to get its revenue under two heads, one as taxable income and another as non-taxable income. The leasing of the properties vested with the Corporation are classified under non-taxable income. In order to augment the income for the Municipal Corporation, the new mofussil bus stand was intended to be auctioned on 29.10.2008. The petitioner has not submitted any https://hcservices.ecourts.gov.in/hcservices/ tender and out of the ten items, there were participants for nine items, which had generated income of Rs.45 lakhs for five months until March, 2009. The highest bid for nine items was Rs.45,23,080/- and the highest bidder is entitled to have the auction confirmed since the petitioner has no vested right to question the auction notice. The auction notice having been challenged and the confirmation stayed, the same is not confirmed in favour of the highest bidder. 6. The auction notice was challenged on the ground that it will affect the livelihood of the members of the petitioner Women Self-Help Group, of which 47 members are physically challenged, 20 members are widows and 12 members are destitutes and four members are from helpless families. There is no complaint in maintaining the bus stand. Further, petitioner also spent about Rs.22,70,000/- for creating basic infrastructure in maintaining the bus stand and therefore at least one year time should be given to reimburse the amount spent. 7. Petitioner also filed a rejoinder affidavit on 15.11.2008 stating that the petitioner may be directed to maintain the bus stand upto 31.3.2009 and is willing to pay the amount as quoted by the highest bidder if the petitioner is allowed to collect the charges as being collected by the 4th respondent or by the contractors. 8. In view of the said stand taken by the petitioner in the rejoinder affidavit, I had passed an interim order on 20.11.2008 to consider the said request of the petitioner by the counsel and report its decision on 1.12.2008. The said proposal was considered by the 4th respondent, which was rejected on 28.11.2008 and reiterated to give the maintenance of the bus stand to the highest bidder as per the earlier decision. 9. The learned counsel for the petitioner submitted that as the petitioner is willing to pay the amount offered by the highest bidder, the same may be given to the petitioner to maintain the bus stand till 31.3.2009 so that the members of the petitioner Federation, who are from marginalised society, can eke their livelihood without affecting the income of the 4th respondent. 10. The learned Additional Government Pleader appearing for the respondents submitted that if the petitioner is willing to pay the highest bid amount in lumpsum, the Corporation has no objection to give permission to maintain the bus stand till 31.3.2009. 11. The learned counsel for the petitioner submits that the petitioner may not be in a position to pay such a huge amount at one lumpsum and the petitioner may be permitted to remit the amount in installments. https://hcservices.ecourts.gov.in/hcservices/ 12. The learned Additional Government Pleader appearing for the respondents is not agreeable for the said request of the learned counsel for the petitioner and the learned counsel requested this Court to decide the matter on merits. 13. The learned counsel for the respondents submitted that most of the members of the petitioner Federation gave letters to the 4th respondent stating that the petitioner is not giving proper salary to its members and members gave no objection to hand over the maintenance of the bus stand on auction. 14. The learned counsel for the petitioner in reply submitted that the members of the petitioner Federation were misled by the officials of the 4th respondent stating that they will regularise their service as Corporation Employees and for the said request only signature was obtained from its members, however, the same were utilised by the 4th respondent to make allegations against the petitioner Federation and therefore the signatures obtained from the members of the petitioner Federation and the said documents may not be relied on to decide the issue in this writ petition. 15. I have considered the rival submissions of the learned counsel for the petitioner as well as learned Additional Government Pleader for the respondents. 16. Admittedly the petitioner Federation was handed over the maintenance of the bus stand and the petitioner also maintained the bus stand for over 3 1/2 years by engaging physically challenged persons, widows, destitute women, etc. In fact the maintenance of the bus stand by the petitioner Federation through Exnora Green Cross is treated as a Model Waste Management Project, which got appreciation in the year 2007. After formation of the Vellore Corporation, the bus stand is handed over to the 4th respondent, which was earlier under the control of the third respondent. In order to get more income for the Municipal Corporation, the maintenance of the bus stand was ordered to be auctioned. Thus, the paramount consideration for taking a decision to stop the maintenance of the bus stand by the petitioner and to conduct auction for the maintenance of the bus stand is to augment the income for the Municipal Corporation. 17. The petitioner submitted representation to the second respondent on 3.9.2008 and requested to permit them to do the maintenance work, for which no reply is received by the petitioner. The grievance of the petitioner is that since higher amount was fixed towards EMD and solvency to the tune of Rs.60 lakhs, the petitioner could not participate in the auction conducted on 29.10.2008. This Court by an interim order dated 28.10.2008 ordered not to pass final orders, pursuant to which the auction is not confirmed in favour of the highest bidder. In the rejoinder https://hcservices.ecourts.gov.in/hcservices/ affidavit filed by the petitioner dated 15.11.2008, petitioner has stated its willingness to pay the amount as quoted by the highest bidder, provided the petitioner is allowed to collect the charges as being presently collected by the 4th respondent or the contractors and the same will be helpful to several members of the Self Help Group, solely depending on the project as well as to augment the income of the 4th respondent. 18. The admitted facts in this case, which requires consideration by this Court is the livelihood of 47 physically disabled persons, apart from 21 widows and 12 deserted women as well as the increase of the income of the 4th respondent to do welfare measures. Insofar as the disabled persons are concerned, they need special protection in terms of the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act 1 of 1996). The object for enactment of the said Act includes further improvement of the living conditions of large members of the people with disabilities, especially those living in rural areas, which was adopted and proclaimed in the Meet held on 5th December, 1992, at Beijing convened by the Economic Social Commission for Asia and Pacific of the United Nations, wherein India is also a signatory. Chapter XIII of the Act deals with Social security. Section 66 of the Act reads as follows: "66. Appropriate Governments and local authorities to undertake rehabilitation. (1) The appropriate Governments and the local authorities shall within the limits of their economic capacity and development undertake or cause to be undertaken rehabilitation of all persons with disabilities. (2) For purposes of sub-section (1), the appropriate Governments and local authorities shall grant financial assistance to non- Governmental Organisations. (3) The appropriate Governments and local authorities while formulating rehabilitation policies shall consult the non-Governmental Organisations working for the cause of persons with disabilities." The above referred provision makes it clear that the State Government and the Local Authorities shall grant financial assistance to the non-Governmental organisations for the rehabilitation of disabled persons. The petitioner Federation is a non-Governmental organisation, viz, Women Self Help Group. https://hcservices.ecourts.gov.in/hcservices/ Therefore the 4th respondent is statutorily bound to help the petitioner Federation to promote the welfare of its members, particularly disabled, numbering 47. Similar is the case of the widows and deserted women, who also need patronage from the Government and local bodies. Here, the petitioner also states that the Federation is prepared to pay the highest bid amount. Thus, no loss is to be sustained by the 4th respondent by permitting the petitioner to do the works, at least till 31.3.2009. 19. In view of the willingness shown by the petitioner to pay the highest bid amount for five months upto 31.3.2009 and considering the peculiar circumstances of this case that the beneficiaries will be physically challenged persons, widows and destitutes and as there is no financial loss to the 4th respondent, I am of the view that the interest of justice would be met by giving direction to the 4th respondent to give maintenance of the bus stand to the petitioner upto 31.3.2009 on the basis of charges collected by the 4th respondent as on today. Since the members of the petitioner Federation are not allowed to collect the maintenance charges from November, 2008, the 4th respondent can demand only the proportionate amount. I am inclined to pass this order since the direction issued to consider the same was rejected by the 4th respondent, without due application of mind and the ground reality. 20. The petitioner is directed to deposit a sum of Rs.15 lakhs initially on or before 15.12.2008 and on such deposit, the 4th respondent is directed to grant permission to the petitioner to maintain the Vellore bus stand. The proportionate amount from the date of granting permission till 31.3.2009 is directed to be calculated and demanded by the 4th respondent, based on the highest bid. The petitioner is directed to pay the remaining amount in two installments, the first installment shall be paid on or before 15.1.2009 and the final installment to be paid on or before 1.3.2009. If the petitioner is not depositing the sum of Rs.15 lakhs on or before 15.12.2008, it is open to the 4th respondent to confirm the highest bid amount, pursuant to the auction conducted on 29.10.2008. The writ petition is disposed of on the above terms. No costs. Connected miscellaneous petition is closed. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar vr https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary, Municipal Administration and Water Distribution Department, Fort St.George, Chennai - 9. 2. The District Collector, Collectorate, Vellore. 3. The Member Secretary, Local Planning Authority, Collectorate, Vellore. 4. The Commissioner, Vellore Corporation, Vellore. + 1 c.c. to Mr. Su. Srinivasan, Advocate. S.R.No.68788. + 1 c.c. to The Government Pleader. S.R.No.68779. Order in W.P.No.25683 of 2008 VM (CO) GSK 08.12.2008. https://hcservices.ecourts.gov.in/hcservices/