Delhi Judicial Service Association (Regd.) Vs. Union of India through the Secretary & Ors.
EmailAppeal: Writ Petition (C) No.741 of 1989.
(Under Article 32 of the Constitution of India)
(Under Article 32 of the Constitution of India)
Petitioner: Delhi Judicial Service Association (Regd.)
Respondent: Union of India through the Secretary & Ors.
Apeal: Writ Petition (C) No.741 of 1989.
(Under Article 32 of the Constitution of India)
(Under Article 32 of the Constitution of India)
Judges: K.RAMASWAMY & D.P.WADHWA, JJ.
Date of Judgment: Jul 07, 1997
Appearances:
Mr. P.P.Tao, Senior Advocate, Mr. T.C. Sharma, Mr. Ajay Sharma, Ms. Neelam Sharma, Mr. Sunil Malhotra and Mr. J.K. Das, Advocates with him for the Petitioner.
Mr. Arun Jaitley and Mr. A.S. Nambiar, Senior Advocates, Ms. A. Subhashini, Mr. Ashok Bhan, Mr. D.S. Mehra, Mr. D.N. Goburdhan, Mr. A.K. Srivastava, Mr. V.K. Verma, Mr. Vivek Sharma, Ms. Nanita Sharma, Mr. V.B. Saharaya, Mr. Raj Panjwani and Mr. Vijay Panjwani, Advocates with them for the Respondents.
Head Note:
JUDICIARY LAWS
Judicial Court Chambers
Committee appointed by 5th May order inspected and recommended certain rooms in Tis Hazari Courts to be used as Court room – Rooms to be handed over to Registrar High Court, estimate of expenses be prepared and administrative sanction obtained so that Court rooms can be prepared within time limitation set out – Case to be put up after compliance.
JUDGEMENT:
O R D E R
1. By our Order dated May 5, 1997, we ordered constitution of a Committee of three advocates, namely, S/Shri P.P. Rao, Harish Salve and Arun Jaitley, learned senior counsel of this Court. The Committee was requested to visit the Tis Hazari Courts and to submit a report on the vacant rooms for being handed over, if directed by this Court, to the High Court for establishing the Courts. Pursuant to the above direction, the members of the Committee visited the premises on 8th May, 1997 (instead of 4th July, 1997, i.e., the date given for inspection) and have given the report. The report indicates that Room Nos.346, 347, 354-A, 354-B, 359, 156, 145, 361, 361-B, 361-C, 361-D, room adjacent to Room No.361, 274-A and 274-B are vacant. Though heir report also indicate that Room No.348 is vacant, in view of the assertion made by Mr. D.N. Goburdhan that this room is being used by the Tehsildar, we direct that Room No.348 may be retained by the Revenue Department and rest of the rooms be handed over to the Registrar of the High Court within six weeks from today. On so being handed over, the District Judge of the Tis Hazari Courts should submit a report to the High Court on amount required for setting up the courts in the above rooms within four weeks from the date of taking the possession. The Registrar of the High court is directed to place the matter before the Administrative Committee dealing with it. The learned Judges dealing with it are requested to finalise the estimate and then the learned Chief Justice is requested to submit it to the Government for appropriate administrative and financial sanction. The NCT is directed to give the requisite sanction within four weeks from the date of the receipt of the report. Thereafter, the Registrar is directed to hand it over to the CPWD for establishing the courts in the above rooms, which would have them completed within two months thereafter.
2. The Writ Petition is accordingly ordered.
3. Ms. A. Subhashini, learned counsel appearing for the High Court is directed to serve the notice by dasti to Mr. Arvind Kumar Sharma, learned counsel who is appearing for the Railway Administration for obtaining the necessary instructions. List the matter after two weeks in this behalf before a Bench of which Hon’ble Mr. Justice D.P. Wadhwa is a member.
1. By our Order dated May 5, 1997, we ordered constitution of a Committee of three advocates, namely, S/Shri P.P. Rao, Harish Salve and Arun Jaitley, learned senior counsel of this Court. The Committee was requested to visit the Tis Hazari Courts and to submit a report on the vacant rooms for being handed over, if directed by this Court, to the High Court for establishing the Courts. Pursuant to the above direction, the members of the Committee visited the premises on 8th May, 1997 (instead of 4th July, 1997, i.e., the date given for inspection) and have given the report. The report indicates that Room Nos.346, 347, 354-A, 354-B, 359, 156, 145, 361, 361-B, 361-C, 361-D, room adjacent to Room No.361, 274-A and 274-B are vacant. Though heir report also indicate that Room No.348 is vacant, in view of the assertion made by Mr. D.N. Goburdhan that this room is being used by the Tehsildar, we direct that Room No.348 may be retained by the Revenue Department and rest of the rooms be handed over to the Registrar of the High Court within six weeks from today. On so being handed over, the District Judge of the Tis Hazari Courts should submit a report to the High Court on amount required for setting up the courts in the above rooms within four weeks from the date of taking the possession. The Registrar of the High court is directed to place the matter before the Administrative Committee dealing with it. The learned Judges dealing with it are requested to finalise the estimate and then the learned Chief Justice is requested to submit it to the Government for appropriate administrative and financial sanction. The NCT is directed to give the requisite sanction within four weeks from the date of the receipt of the report. Thereafter, the Registrar is directed to hand it over to the CPWD for establishing the courts in the above rooms, which would have them completed within two months thereafter.
2. The Writ Petition is accordingly ordered.
3. Ms. A. Subhashini, learned counsel appearing for the High Court is directed to serve the notice by dasti to Mr. Arvind Kumar Sharma, learned counsel who is appearing for the Railway Administration for obtaining the necessary instructions. List the matter after two weeks in this behalf before a Bench of which Hon’ble Mr. Justice D.P. Wadhwa is a member.
