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2003 DIGILAW 1388 (SC)

Delhi Bar Assocaition v. Union of India

2003-11-03

ASHOK BHAN, R.C.LAHOTI, Y.K.SABHARWAL

body2003
ORDER : UPON hearing counsel the Court made the following: 1. At the commencement of the hearing the learned Additional Solicitor General has made available for the perusal of the Court Office Memorandum dated 7.8.2003 and enclosed minutes of the meeting convened by the Minister for Law and Justice on 30.7.2003 and the list of participants thereat. We are happy to note that some headway has been made pursuant to the last order made by this Court. 2. However, paras 3 and 6 of the minutes show that a need for 6 acres of land to accommodate about 80 courts at the Rouse Avenue site was emphasised on behalf of the High Court of Delhi but the Urban Development Department expressed its inability to make available more than 4 acres of land at Rouse Avenue. We are of the opinion that the area made available for any new Courts complex must take care of the requirement as far as it can be estimated by taking into account the needs for a reasonable foreseeable future, say, at least about 25 years ahead. We have asked learned counsel appearing for the Delhi High Court to tell us if some exercise has been undertaken to scientifically estimate, if necessary by obtaining expert opinion, as to what will be the needed land area in the new Courts complex so as to accommodate the Courts, the number determined by the increasing litigation and also for making provision for infrastructure necessary and incidental thereto and the conveniences which will be required for the litigants, lawyers and staff etc. Shri P.P. Rao, learned senior counsel appearing for the Delhi High Court stated that the High Court would be suitably advised to undertake such exercise if not already undertaken. We would also appreciate being apprised of the factors taken into consideration by the High Court and the exercise done in that regard. 3. The learned Additional Solicitor General has assured us to advise the Secretary, Urban Development to find out if more land area can be made available at the Rouse Avenue consistent with the requirement of the High Court for accommodating the Courts complex thereat, have instructions and apprise the Delhi High Court at the earliest as also this Court on the next date of hearing. 4. We would also like to know as to what is the present land area of the Patiala House Courts complex. 4. We would also like to know as to what is the present land area of the Patiala House Courts complex. 5. The meetings must continue to be held as often as necessary so that the progress of bringing out new Courts complexes is not hindered or delay in any manner. I.A. No. 10 6. We have heard Shri Kapil Sibal, learned senior counsel representing the Delhi Bar Association. The prayers made in the application are directed towards solving the scarcity of space in Tis Hazari Courts complex. We will take up this application for consideration separately and at an appropriate stage. In the meantime, the learned Additional Solicitor General may have instructions on this application. 7. List all the I.A.s after eight weeks.