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Punjab and Haryana HC development plan: judges weigh tender route to avoid delays in consultant appointment

The Chandigarh Union Territory administration was told to be cautious on financial norms as the Punjab and Haryana High Court sought a time-bound process with a January 21, 2026, deadline.

“To avoid further delay, it may be appropriate to initiate the tendering process in parallel, since we now have time till January 21,” Jhanji submitted, adding that an expression of interest could be invited within 10–15 days. (Express Photo)“To avoid further delay, it may be appropriate to initiate the tendering process in parallel, since we now have time till January 21,” Jhanji submitted, adding that an expression of interest could be invited within 10–15 days. (Express Photo)

The Punjab and Haryana High Court on Monday closely examined the procedure for appointing a consultant for a court-monitored holistic development plan for its premises in Chandigarh, with the division bench led by Chief Justice Sheel Nagu and Justice Sanjiv Berry emphasising the need to avoid procedural lapses that could derail the exercise at an advanced stage.

The discussion arose after the Union Territory administration of Chandigarh flagged two developments — one procedural and the other financial — that could impact timelines. Senior advocate Amit Jhanji, appearing for the Union Territory, informed the bench that the deadline for submitting documents linked to the exercise had been extended from December 31 to January 21, 2026. While this provided additional time, he cautioned that the consultancy fee for the proposed assignment could exceed Rs 50 lakh, triggering mandatory tendering requirements under the General Financial Rules (GFR) 2017.

Jhanji submitted that the exact consultancy fee could only be determined once the scope of work was finalised by the high court or its committee. Under the rules, he explained, a consultant could be appointed through single-source selection if the fee was up to Rs 50 lakh. However, if the cost crossed that threshold, the Union Territory would be legally bound to invite expressions of interest through a tendering process.

“To avoid further delay, it may be appropriate to initiate the tendering process in parallel, since we now have time till January 21,” Jhanji submitted, adding that an expression of interest could be invited within 10–15 days.

Additional Solicitor-General of India Satya Pal Jain stressed that any procedural error at this stage could invite objections later and cause avoidable delays. He recalled that a tender route had been suggested in earlier hearings as well, warning that a single-source appointment could later be challenged on grounds of lack of transparency or non-consideration.

“Otherwise, somebody will come and say why this person was chosen and what the criteria was,” he remarked.

Bar supports high court’s view

Senior advocate Rupinder Khosla, representing the Bar, supported the court’s cautious approach, pointing out that valuable time had already been lost over the past year and that a limited tender process would insulate the decision from future challenges.

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Explaining the legal framework, Jhanji referred to Rule 4.2.4 of the Manual for Procurement of Consultancy Services, read with Rules 183 and 194 of the GFR 2017. He said that while single-source selection was permissible in exceptional circumstances with recorded justification, any consultancy fee above Rs 50 lakh required the publication of an expression of interest, including details of the broad scope of work, eligibility criteria, and past experience.

Jhanji assured the court that once the scope of work was formally communicated by the high court or its committee, the Union Territory could publish a request for proposal within two days. A 10-day window could then be given for responses, followed by technical and financial evaluation within two more days, allowing the contract to be finalised well before the January 21 deadline.

The bench sought clarity on who would define the scope of work — the committee or the court itself — and underlined that the final decision and execution would have to be carried out by the Union Territory administration, not the committee, to avoid future objections that stakeholders had been excluded from the process.

“Let us not derail a process that has reached the final stage. The intention is to expedite, but without committing any mistake,” Chief Justice Sheel Nagu remarked.

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The matter is expected to be listed again on January 9, 2026, the first working week after the winter recess, by which time the court is likely to issue specific directions on the scope of work and the modality for appointing the consultant.

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

 

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