ORDER : 1. The present matters pertain to a very critical rather an important issue of judicial infrastructure, which not only impacts the discharge of day to day judicial work but is also essential for dispensation of justice in this matter. The Hon’ble Apex Court in the cases of Malik Mazhar Sultan & Anr. Vs. U.P. Public Service Commission & Ors. (Civil Appeal No.1867 of 2006) and Imtiyaz Ahmad Vs. The State of Uttar Pradesh & Ors. (Misc. Application No.2362-2370 in Crl. A. No.254-262/2012) has given certain directions and issued various guidelines, and while following the same, the matters pertaining to various dimensions of creating judicial infrastructure have been adjudicated. 2. Today, the representatives of the Bar highlighted before this Court that despite repeated directions of the Hon’ble Apex Court as well as this Court with regard to the judicial infrastructure, still much remains to be accomplished by the Union of India as well as the State Government. It was pointed out that even after repeated assurances, the needful action for providing adequate infrastructure(s) for the judiciary has not been taken. They further submitted that the creation of new districts has further aggravated the existing problem, inasmuch as the judicial infrastructure which ought to have been provided in advance or at least simultaneously has not been put in place. As a result, the courts in the newly created districts are functioning even without the minimum facilities required for effective discharge of judicial work. Glaring examples of inaction were projected by the Bar from all over Rajasthan, like Jaisalmer, Banswara, Bhilwara, Ajmer etc. 3. This Court asked Dr. Sachin Acharya, learned Senior Advocate assisted by Mr. Chayan Bothra, appearing on behalf of the High Court to furnish the details of the status of land allotment matters, the administrative and financial sanctions required for fresh proposals, the revised administrative and financial sanctions required for under construction projects, the pending matters with regard to various infrastructural facilities and pending matter of lawyers’ hall and advocate chambers. 4. In response to the aforesaid query of the Court, Dr. Sachin Acharya, learned Senior Counsel submitted following summary regarding the aforesaid issues :- ISSUES IDENTIFIED, WHICH ARE PENDING BEFORE THE STATE GOVERNMENT REGARDING CONSTRUCTION OF COURT COMPLEXES AND RESIDENCES FOR JUDICIAL OFFICERS, LAWYERS’ HALL & CHAMBERS 1. LAND ALLOTMENT MATTERS. 4. In response to the aforesaid query of the Court, Dr. Sachin Acharya, learned Senior Counsel submitted following summary regarding the aforesaid issues :- ISSUES IDENTIFIED, WHICH ARE PENDING BEFORE THE STATE GOVERNMENT REGARDING CONSTRUCTION OF COURT COMPLEXES AND RESIDENCES FOR JUDICIAL OFFICERS, LAWYERS’ HALL & CHAMBERS 1. LAND ALLOTMENT MATTERS. Total 174 land allotment matters for the construction of Court Building and Judicial Officers Residences are pending till 18.08.2025, which are are at [Annexure A. P.No.1-] In the last meeting of the State Level Committee dated 24.05.2024 [Annexure-B, P.No...] ), it was resolved that:- "....the directions will be issued to all the concerned officials of the State Government by the Chief Secretary to resolve the issues of land for the same within Six months from today." Even after the lapse of one year, no substantive progress has been observed in the land allotment matters. As of now, total 21 matters of land allotment are pending before various Government Departments at State level, 23 matters are pending at Director Local Bodies, whereas 130 land allotment matters are pending at District Collector level 2. ADMINISTRATIVE AND FINANCIAL SANCTIONS REQUIRED FOR FRESH PROPOSALS The proposals amounting to Rs. 324.29 Crores for the construction of Court Building and Residences for Judicial Officers are pending before the State Government for issuance of Administrative and Financial Sanction. [Annexure-C, P.No...]. In this regard, it would be relevant to mention here that in the meeting dated 24.05.2024 of State Level Monitoring Committee, it was resolved that " State Government will accord the A/F sanction of Rs. 40 Crore in this Financial Year i.e. 2024-2025" but even after lapse of 1 year and financial year the State Government has accorded A/F sanction of Rs. 10 Crore only. The remaining Administrative & Financial Sanction of Rs. 30 Crore are still pending before the State Government. 3. REVISED ADMINISTRATIVE AND FINANCIAL SANCTIONS REQUIRED FOR UNDER CONSTRUCTION PROJECTS The proposals amounting to Rs. 59.28 Crore of revised sanction for the Court Building & Residences are pending before State Government for decision since Financial Year 2025-2026 [Annexure-D, P.No...] . The remaining Administrative & Financial Sanction of Rs. 30 Crore are still pending before the State Government. 3. REVISED ADMINISTRATIVE AND FINANCIAL SANCTIONS REQUIRED FOR UNDER CONSTRUCTION PROJECTS The proposals amounting to Rs. 59.28 Crore of revised sanction for the Court Building & Residences are pending before State Government for decision since Financial Year 2025-2026 [Annexure-D, P.No...] . In all these matters, A&F Sanction is already issued by State Government but due to the below mentioned reasons, revised A&F Sanction is required :- (A) The State Government takes 2 to 4 years of time to issue A&F Sanction after receiving the proposals from the Rajasthan High Court; in between, due to price escalation, the cost of projects are increased. For example, if the estimate of a particular project is prepared in 2016 as per the prevailing BSR & the State Government issue the A&F Sanction is 2020, the project cost increases due to inflation and price escalation. The circular of Public Works Department of the State Government (Annexure- D-1, P.No...] itself states that 7% price escalation per year should be added in the estimate if A&F Sanction is not issued in the same year. (B) The approved estimates for the construction of Court Building & Residences of Judicial Officers are prepared on ideal conditions of allotted land. Due to geographical conditions of the construction site such as requirement of connecting road from the main road to court building, the level of allotted land is below the existing road level, increase in the length of boundary wall area, additional A&F sanction is required. Various letters were forwarded to the State Government, which are at [ Annexure- D-2, P.No...] 4. THE PENDING MATTERS WITH REGARD TO VARIOUS INFRASTRUCTURAL FACILITIES The proposals amounting to Rs.258.57 Crores for the development of various infrastructural facilities in all the Court complexes all over the state are pending before the State Government. The list along with relevant details are at [Annexure-E, P.No..]. 5. THE PENDING MATTER OF LAWYERS' HALL & ADVOCATE CHAMBERS ? The fresh proposals amounting to Rs.85.04 Crores for the construction of Lawyers Hall & its conversion into Chamber, Litigant Shed, Canteen, Parking etc. are pending before the State Government for issuance of A&F sanction. The list along with relevant details are at [Annexure-E, P.No..]. 5. THE PENDING MATTER OF LAWYERS' HALL & ADVOCATE CHAMBERS ? The fresh proposals amounting to Rs.85.04 Crores for the construction of Lawyers Hall & its conversion into Chamber, Litigant Shed, Canteen, Parking etc. are pending before the State Government for issuance of A&F sanction. [Annexure-E, P.No..] ?The composite proposals of Court Building & Lawyers' Hall at Tijara, Raisinghnagar, Sangod, Malakhera, Rajgarh(Alwar), Bhadra, Churu, Khanpur, Balotra & Sardarshahar were forwarded to State Government in different years for issuing A&F Sanction but State Government issued A&F sanction for the construction of Court Buildings only. The proposals amounting to Rs. 39.37 Crore for the construction of Lawyers' Hall and other facilities are still waiting for A&F sanction from State Government. [Annexure-E, P.No..]. ?The composite proposals of Court Building & Lawyers' Hall alongwith Advocate Chambers at Ajmer, Sriganganagar, Jalore, Tonk, Sirohi & Gangapur City were forwarded to State Government in different years for issuing A&F Sanction. The State Government issued A&F sanction in between revised proposals for the construction of additional Lawyers' Hall & Advocate Chambers were received from all those places. The above revised sanction are still pending. [Annexure-E, P.No..] .” 5. Some of the excerpts from the crucial order sheets drawn by this Court, in the instant matter(s) are as follows:- Date Particulars 15.12.2020 Add. Aff. Submitted by the petitioners. The matter was also connected with Writ Petitions No. 1104 /2020 (Suo) and 2428/2018 (Rajgarh). 12.12.2022 Learned Advocate General had submitted that the State Government has already agreed to treat the advocates’ hall, as mentioned in the policy of Union of India, as advocates’ chambers and sought a clarification to this effect from the Union of India but the reply is still awaited. Dy. Solicitor General has submitted that the response of Union of India will be filed by the next date of hearing 06.01.2023 Learned ASG appearing for Union of India prays for and is granted time to sought clarification from the Union of India that whether the term “Lawyers Hall” mentioned in the policy of Union of India includes Advocate Chambers or not 02.02.2023 Learned A.G. has submitted that the request from the State Government will be sent to the Central Government within a period of two days seeking permission to treat the advocate halls as mentioned in the policy of Union of India, as advocate chambers. Mr. Mr. RD Rastogi, learned DSG has assured that, as and when such request is made by the State Government in writing, the Central Government will consider the same at the earliest and he will inform about the decision of the Central Government to this Court. 27.02.2023 The additional affidavit has been filed on behalf of the respondent- State, wherein it is mentioned that the Central Government has clarified that the State Government is free to use money, sanctioned for lawyers’ hall, for the purpose of construction of advocates’ chambers with a rider that any escalated amount required for the purpose of construction of lawyer/advocates’ chambers shall be borne by the State Government. The additional affidavit is taken on record. 22.03.2024 Advocate General assisted by learned Additional Advocate General filed an affidavit as directed by this the Court. The additional Affidavit provided various details as sought by the Hon’ble Court. Statement of Provision and Expenditure/Release from the years 2014- 15 and 2023-24 for construction of Judicial Houses and Judicial Buildings (CSS Scheme) was also produced as a chart. Learned Advocate General further assured the Hon’ble Court that he shall be filing an affidavit mentioning therein a proper road map for the amount to be released, as per the budgetary provisions for the purpose in question for all ongoing /approved projects before next date. List the Matter on 06.05.2024. 06.05.2024 On the request of learned Advocate General, list the matters on 27.05.2024. Connect with D.B. Civil Writ Petition No.13855/2021 & 3693/2022. 28.05.2024 Learned Sr. counsel appearing on behalf of the High Court was directed to furnish a chart of ongoing projects while bifurcating the ongoing projects, approved projects and proposed projects. Learned. Further, the learned AG shall provide a detailed assessment as to the percentage of work accomplished in the ongoing projects which are assigned to the state agencies being PWD and RSRDC. The separate PILs have been registered for the land allotment of Bhilwara judgeship, the land allotment of District Court, Jodhpur judgeship, Banswara judgeship lawyers’ chambers building issue, the Abu Road, the Court chambers yet to be completed where as a new building is ready, the Rajgarh where the security issue and basic infrastructure to the judicial officers has been dealt with are also cumulatively being adjudicated. 28.11.2024 The affidavits filed on behalf of the State respondents are unsatisfactory. The affidavits provide no details regarding construction, parking and other facilities. 28.11.2024 The affidavits filed on behalf of the State respondents are unsatisfactory. The affidavits provide no details regarding construction, parking and other facilities. 27.03.2025 State could not file affidavits since state assembly was in session. The next date of meeting between the state authorities and the High Court Representative is scheduled on 01.04.2025. In the meantime, the State respondents may address the issue of (i) grant of A & F sanction (ii) revised sanction (iii) allotment of land for construction of Court buildings, advocate chambers, parking, litigant shade (iv) prompt release of funds etc. and an affidavit may be filed within four weeks so as to focus the attention first on these issues. The Court also expected that the Chief Secretary and the respective Secretaries of the government Departments shall issue necessary directions to the District Collector and the concerned officers on the issues which may be resolved within three months. 06.05.2025 There is non-compliance of the order dated 27.03.2025. Letter dated 04.04.2025 issued by the Chief Engineer (Building), PWD, Rajasthan Jaipur was taken on record. On the request of learned Additional Advocate General for filing the compliance affidavit in course of the day, the matter was adjourned to 08.05.2025. 08.05.2025 The proceeding drawn on 15.04.2025 was observed that no real effort was made by the state respondents to resolve the issue which are necessary for providing access to justice to the people. Mr. Sachin Acharya, the learned Senior Advocate has tendered a compilation of the documents and states that the proceeding dated 15.04.2025 is just an eyewash and simply reiteration of the previous stand taken by the state of Rajasthan. Taken on record. Post this matter on 09.05.2025 09.05.2025 The Hon’ble Court has examined that the learned Advocate General has assured this Court that on the next date of hearing he would apprise this Court about the decisions take on some of the important issues which need urgent attention of the state authorities such as construction of ladies toilets, creche, facilities for pregnant women and women with minor children who visit the Courts in connection to the pending litigation and other facilities for the Courts, Court staff and litigants. As regards allotment of land, this Court expects that the places where the lands have already been identified shall be handed over to the District Judiciary as early as possible. Post this matter on 23.05.2025. 6. As regards allotment of land, this Court expects that the places where the lands have already been identified shall be handed over to the District Judiciary as early as possible. Post this matter on 23.05.2025. 6. The repeated failure on the part of the State and Union of India in resolving the aforesaid issues is directly causing hindrance to the system of justice and required to be addressed urgently. 7. At this stage, Mr. Mahaveer Bishnoi, learned AAG prays that to make submissions on the issues in question, the matter be kept on 26.08.2025. 8. Mr. R.D. Rastogi, learned ASG also seeks to make his submissions regarding the issues raised on the next date. 9. Dr. Acharya is directed to provide list/details of the aforementioned five issues to the Office of Advocate General, Additional Solicitor General and Additional Advocate General so as to enable them to effectively address the Court on the next date of hearing. 10. It is made clear that the Court had already expressed its serious concern over the manner in which these critical issues are being dealt with and thus, the Court will expect the highest- ranking officers of the Union of India and the State to assist the Court, through Advocate General and Additional Solicitor General, with all the record in their command including the details of the steps already taken and/or are proposed to be taken, so also the timelines under which they propose to accomplish the desired work. Advocate General and Additional Solicitor General are also directed to furnish the list of the erring officers of the State and the Union of India, on the next date of hearing, who are not complying with the directions of the Court and also as to what action is being proposed to be taken against such erring officers. Upon furnishing of such details/list, the Court shall contemplate to take stern action against them. 11. List these matters on 26.08.2025, to be taken up at 2:00 p.m.