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Punjab and Haryana HC pulls up Chandigarh Union Territory for outsourcing vegetable market’s sanitation

HC seeks affidavit on Sector 26 mandi sanitation outsourcing, questions lack of cadre posts

4 min readChandigarhDec 3, 2025 05:42 PM IST

Punjab and Haryana High Court, Municipal Corporation of Chandigarh, Sector 26 vegetable market,

Sanitation work was then assigned to a private agency through an e-tender for the period November 1, 2023, to October 31, 2024. (File photo)

The Punjab and Haryana High Court on Wednesday asked the market committee of the Municipal Corporation of Chandigarh (MC) to file an additional affidavit explaining how key sanitation functions at the Sector 26 vegetable market came to be handled entirely through outsourced staff, despite the absence of any sanctioned cadre posts in the committee’s establishment.

The Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry was hearing a suo motu petition after the court took note of the poor sanitary conditions at the Sector 26 mandi.

The Municipal Corporation of Chandigarh (MC) was represented by senior standing counsel Amir Jhanji.

During the hearing, the bench examined a detailed account submitted by senior standing counsel Amit Jhanji on how sanitation arrangements in the mandi have evolved since 2019. According to the record, the MC handled sweeping, collection, segregation, transportation, and processing of waste, along with pesticide spraying and removal of encroachments, from July 1, 2019, to August 31, 2023.

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The civic body later informed the market committee that it would be unable to continue the arrangement beyond August 31, 2023. The committee sought a two-month extension for September and October 2023, after which the memorandum of understanding ended on October 31, 2023.

Sanitation work was then assigned to a private agency through an e-tender for the period November 1, 2023, to October 31, 2024. The committee told the court the agency’s performance was unsatisfactory, with a sharp rise in complaints. The Secretary of the State Agricultural Marketing Board subsequently directed that sanitation and sewage cleaning be carried out through a service-level agreement using the Government e-Marketplace (GeM) portal. A fresh tender was floated, and a new contractor was appointed from December 1, 2024, to November 30, 2026.

Market committee lacks manpower, machinery to take up sanitation work

The market committee said it has been imposing heavy penalties on the contractor whenever deficiencies are noticed and that the agreement allows termination for repeated breaches. However, it argued that it lacks manpower, technical capacity, and machinery to take over sanitation work directly, and termination of the contract would lead to a complete breakdown of services.

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The committee added that it is classified as a bulk waste generator under the Solid Waste Management Rules, 2016, and pays the MC Rs 960 per metric tonne for waste processing. Because of the scale of the mandi’s operations, it sought and obtained approval to hire one sanitary inspector through an outsourcing agency, followed by a request for one additional sanitary inspector. Both are responsible for supervising sanitation, reporting lapses, and issuing challans under the Solid Waste Management Rules.

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The bench questioned how essential posts such as sanitary inspectors could be outsourced in the absence of sanctioned cadre posts. It noted that outsourcing basic municipal-type functions weakens administrative control, since disciplinary action is limited to cancelling contracts and finding new agencies, a process the court said could cause delays and harm public interest.

Chief Justice Nagu observed that the sanitary inspector’s role is critical and cannot be left entirely to outsourced personnel without statutory backing. The Bench repeatedly sought clarity on the committee’s statutory authority to outsource sanitation functions. Counsel for the committee relied on Section 22 of the Punjab Agricultural Produce Markets Act, adopted for the UT, which empowers the committee to enter into contracts. The Bench, however, said the provision deals only with the mode of executing contracts and asked whether any specific enabling provision exists for outsourcing essential duties.

The court directed the secretary of the market committee to file an additional affidavit within four weeks addressing the legal basis for outsourcing, the absence of cadre posts, and the steps proposed to ensure continuous and accountable sanitation services in Sector 26 mandi.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More