Coming down heavily on the Tirunelveli Corporation for terminating a novel waste to energy project, Madras High Court today said it had belied the expectations of the people, who expect it to keep the city clean of waste and ensure an eco-friendly atmosphere.
Justice R Mahadevan, disposing of a petition by AAPL (Tirunelveli) Clean Energy Pvt Ltd, said the petitioner and officials have 'successfully' delayed and terminated the project meant for the public and regretted that none of them had taken effective steps to resolve the issue and start it.
The agreement for the project for 22 years was signed on Feb 3, 2014 on Design, Finance, Build, Operate and Transfer (DFBOT) basis. AAPL later requested officials to execute the land lease agreement. The respondents had not done so, but granted "Enter upon Land" permission and asked them to take steps to to start the project using it.
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As AAPL did not start the project as per the terms of the agreement, the Corporation terminated it on the ground that they had failed to comply with its conditions.
The Corporation submitted that the petition was not maintainable as AAPL has alternative remedy and that they were not at fault as enter upon permission had been given. The petitioner had chosen not to commence the project meant for public welfare, the said.
The judge said AAPL should have adhered to the conditions of the agreement, but had not done so and hence should seek alternative remedy only.
The Judge pointed out that the principal secretary of the Municipal administration had directed the Commissioner to execute the land lease agreement. In such an event AAPL could commence the project.
The court could not interfere as the private contract could not be operated by invoking the writ jurisdiction, the Judge said and asked AAPL to approach the commissioner to implement the project or seek alternative remedy and closed the case.
