Plea seeking to quash Mettur power plant’s ash disposal tender dismissed

CHENNAI: A public interest litigation (PIL) that sought to stop the tenders issued by Mettur Thermal Power Station inviting bids for the disposal of wet ash, alleging that the process was tailor-made for cement manufacturers and major traders, was dismissed by the Madras High Court.

A division bench comprising Justice M Sathyanarayanan and Justice N Seshasayee observed that courts should not normally interfere with the policy decision and in matters challenging the award of contract by a State or public authority as per the principles laid down by the Supreme Court.

“In the light of the limited scope of interference available to the court regarding the impugned tender process, which is purely a commercial and technical bid, this court finds no merit in this writ petition,” the bench held.

The petitioner, R Ravichandran from Mettur, submitted that in thermal power plants, coal is used to generating electricity. After burning of coal, 40 per cent of it is converted into ash, which is to be properly disposed of from the concerned power plant. The ash generated below the furnace of the thermal plant, called the ''bottom ash'' (wet ash), will be around 20 per cent of the total ash.

The wet ash is mostly coarse in nature and hence it needs to be further crushed before being transported to ash handling system. However, some inexperienced persons have already been identified, and are going to be invited for awarding the tender, said the petitioner, alleging that the tender was tailor-made to suit the needs of tenderers who have already been identified by the authorities.

The petitioner also submitted that tenders were invited only from reputed cement manufacturers and major traders. Moreover, the condition fixing minimum bidding quantity at 50,000 tonnes was discriminatory and violative of Article 14 of the Constitution as it would encourage monopoly, he added.

However, the bench in its order pointed out that the petitioner was not even a participant. He, in effect, was challenging some of the conditions of the tender process and also alleged that the Tamil Nadu Transparency in Tenders Act, 1988, has not been followed.

“However, it is the stand of the chairman, Tangedco and the chief engineer, Mettur Thermal Power Station -I (MTPS-I), that 100 per cent ash utilisation is necessary and is insisted by the pollution control authorities as well as by the National Green Tribunal, and hence it is under the obligation to dispose it at the earliest and as such, the Transparency in Tenders Act, 1988, as well the rules framed, need not be strictly adhered to,” the court said.