The decision by a bench of justices B D Ahmed and Ashutosh Kumar came on a plea filed by a company in 2011 alleging that the plant was given by MCD to a private entity without any cost for conducting its business.
The MCD contended that as the petitioner company, Rameshwary Envirotech Animal Resource Pvt Ltd, was an "interested party" - it had participated in the tender for using the plant and lost. The corporation had contended that the matter could not be treated as a public interest litigation.
Rameshwary Envirotech Animal Resource Pvt Ltd had contended in its plea that the company which had succeeded in the tender process was using the entire plant as its personal property which amounted to "frittering away" of public money.