‘Have you seen the muck?’ High Court questions UT on condition of Sector 26 vegetable market

Amidst filth, congestion and poor access, the Punjab and Haryana High Court on Wednesday asked the UT Administration to explain its inability to provide even basic and practical facilities at the Sector 26 vegetable and fruit market.

As the “suo motu” matter came up for resumed hearing, the Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry asked the UT whether it had made practical arrangements for vendors and consumers even as the proposed relocation of the market to Sector 39 was caught up in a litigation.

Speaking for the Bench in the open court, Chief Justice Nagu verbally observed: “Have you seen the muck that is there? You cannot even step into that market.” The observation came after UT counsel mentioned before the Bench that the Supreme Court had stayed the e-auction process for shops at the new site in April this year.

The counsel contended that a third-party contractor, engaged by the marketing committee, was responsible for sanitation and maintenance. He added that illegal structures had been demolished in August and new security and cleaning agencies been engaged.

The Bench asserted that the proceedings before the Supreme Court did not stop the administration from performing its duty to maintain hygiene and accessibility. “It may have been stayed, but that does not prevent you from making some temporary arrangement for the general public at large,” Chief Justice verbally observed.

The Bench also called for photographs to fathom improvement, if any. The case has its genesis in a news-report carried in these columns on the stinking garbage heaps, muddy roads and encroachments in the Sector 26 fruit and vegetable mandi.

The report had, among other things, mentioned that sanitation had remained in a poor state over the years despite the Administration’s tall claims. The report had quoted a regular visitor as saying that the stench of the garbage was severe during the monsoon and extra efforts were required to ensure cleanliness. Taking suo motu cognizance of the matter, the Bench had sought an affidavit from the UT Administration. “Why are you permitting total anarchy in Sabzi Mandi?” the Bench had then also asked the administration during the course of hearing. The court had asserted that it had taken cognizance of the “dis-ordinary fashion in which the vegetable and fruit market is being allowed to be run by Union Territory, Chandigarh, Administration, in Sector 26, Chandigarh”.

The Bench had then also taken note of UT Additional Standing Counsel Aman Pal’s submission on instructions from UT Agriculture Marketing Board SDO that a decision has been taken to shift the vegetable and fruit market to Sector 39, Chandigarh, but the process of e-auction of allotment of shops had been stayed by the Apex Court in an SLP.