In Bid To Eradicate Manual Scavenging, Gujarat High Court Seeks Clarity On State's PPP Model For Machine Cleaning Of Drains

The Gujarat High Court has asked the state government to inform about the functioning of PPP Model for the procurement, operation and maintenance of Vehicle Mounted Suction-cum-Jetting machine with Sewage water recycling facility for cleaning, de-silting of sewer lines. 

The court was hearing a 2016 PIL highlighting the issue of manual scavenging. The PIL filed by by an Ahmedabad-based NGO Manav Garima seeks proper implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, and Rules made therein and further for payment of proper compensation to the workers who lost their lives due to manual scavenging.

A division bench of Chief Justice Sunita Agarwal and Justice DN Ray in its order took note of an affidavit as per which under the PPP Model the Gujarat Urban Development Mission (GUDM) had issued a Request for Proposal for "Hiring of Vehicle Mounted Suction cum Jetting machine with Sewage water recycling facility for cleaning/desilting of Sewer/Drain Lines, having ≥ 300  mm diameter for seven years for cleaning the Urban Ground Drainage (UGD) network of 150 municipalities".

In pursuance thereof, an agreement dated 03.11.2022 had been executed between GUDM and one Metro Waste Handling Private Limited to facilitate the procurement and operationalization of mechanized cleaning machines, by which 17 sewer cleaning machines in the six zones have already been procured.

The work of supply, installation, testing and commissioning of 40 Manhole cleaning robots along with operation and maintenance of both new and existing Manhole cleaning robots/machines have been undertaken, out of which 10 such machines have been procured. 

The advocate general Kamal Trivedi submitted that it would be clear upon perusal of the affidavit that the aforesaid machines have been assigned to the urban local bodies of Amreli, Anand, Godhara, Bharuch, Dwarka, Bhuj, Morbi, Himmatnagar, Deesa and Surendranagar as Head urban local bodies for different zones.

The court was informed that GUDC issued a letter dated through which work orders have been issued for procurement of 209 more machines which would take approximately six months and the procurement of the said 209 machines is expected to be completed by the end of March-April, 2026.

It was further stated that Nodal Officers of substantial rank have been appointed in every Municipal Corporation, Urban Development Authority and Municipality, and in the case of Municipality, the Chief Officer himself/herself has been designated as Nodal Officer.

The advocate appearing for the petitioner Subramaniam Iyer said that even after and inspite of court orders recent deaths have occurred and one such incident where two deaths due to manual cleaning of Manhole is the subject matter of an FIR dated 09.09.2025.

He was granted four weeks to place on record such other particulars regarding the incident in question for the purpose of fixing liability of those that may have been negligent. 

"List on 28.11.2025 at 12:30 p.m. On such date, the further progress in the matter may be placed before this Court by way of an affidavit by the Commissioner of Municipalities, Gujarat. As regards the requirement of to be the steps taken to make the Municipalities/Local bodies compliant to the Circular dated 03.04.2025 more clarity is required about the functioning of PPP Model for the procurement, operation and maintenance of the Machines and also the role of the GUDM for cleaning of Underground Drainage Network," the court said. 

The court also asked the Commissioner, Municipalities Administration to work out the current and future requirements for 150 Municipalities of the State and submit a timeline to complete the process.

The matter is now listed on November 28. 

Case title: MANAV GARIMA v/s STATE OF GUJARAT & ORS.

R/WRIT PETITION (PIL) NO. 225 of 2016

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