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Legal tangle: Confusion over private firm’s resumption of sanitation work in Gurugram

Even after the Municipal Corporation, Gurugram, had submitted in the High Court of Punjab and Haryana that it has withdrawn the notice of termination served upon Ecogreen Energy Gurgaon-Faridabad Private Limited company to cancel the contract of sanitation works, confusion...
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Even after the Municipal Corporation, Gurugram, had submitted in the High Court of Punjab and Haryana that it has withdrawn the notice of termination served upon Ecogreen Energy Gurgaon-Faridabad Private Limited company to cancel the contract of sanitation works, confusion still persists over the company’s comeback to resume sanitation works in Gurugram city.

Will look into fresh proposal: MCG

A Division Bench of the HC on Tuesday took into consideration an order of a coordinate bench passed on June 6 in which the court had observed, “the said termination notice be deemed to have been recalled/withdrawn. For the competent authority shall now issue a fresh notice of termination, in terms of the relevant clauses of the contract, and thereafter, proceed further with the matter, in accordance with law”.

The chief executive officer of the Ecogreen Energy Gurgaon-Faridabad Private Limited company, Nagarjuna Reddy, said they would submit a revised plan to the Haryana Government and the MCG for resuming the sanitation works as per the agreement after seeking a legal opinion on the HC orders.

The Joint Commissioner (Swachh Bharat) of the MCG Akhilesh Yadav said that the civic body would look into the fresh proposal of the Ecogreen company and take a decision, accordingly, as per the terms and conditions mentioned in the award of contract.

A Division Bench of the HC on Tuesday before disposing a petition of the Ecogreen company took into consideration an order of a coordinate bench passed on June 6 in which the court had observed, “the said termination notice be deemed to have been recalled/withdrawn. For the competent authority shall now issue a fresh notice of termination, in terms of the relevant clauses of the contract, and thereafter, proceed further with the matter, in accordance with law”.

The Joint Commissioner (Swachh Bharat) of the MCG Akhilesh Yadav said that the civic body would look into the fresh proposal of the Ecogreen company and take a decision, accordingly, as per the terms and conditions mentioned in the award of contract.

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However, he said that the MCG stood by its previous decision to terminate the contract/agreement. “We will serve a fresh notice to the Ecogreen company as per the terms and conditions mentioned in the award of contract and provide an ample opportunity (prescribed time period) to file their reply”, he said.

It may be mentioned that the Ecogreen company had stopped its operations a few months back, leaving Gurugram city in a sanitation crisis, forcing the state government to declare a municipal solid waste exigency in Gurugram in June, this year.

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The chief executive officer of the Ecogreen Energy Gurgaon-Faridabad Private Limited company, Nagarjuna Reddy, said they would submit a revised plan to the Haryana Government and the MCG for resuming the sanitation works as per the agreement after seeking a legal opinion on the HC orders.

The Ecogreen company went to the HC alleging that they were not given a fair opportunity to file the reply before the termination of the contract.

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