1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (C)
No 640 of 2022 Supreme Court Bar Association…Petitioner Versus Ministry of Urban Development & Ors.
According to the petitioner, an area admeasuring 12.19 acres in the erstwhile Appu Ghar Complex was allotted to the Supreme Court by the Ministry of Urban Development of which a small portion has been utilized for the construction of a new chamber block for advocates practicing before the Supreme Court. Appearing on behalf of the petitioner, Mr Vikas Singh, learned senior counsel submitted that: (i) The allotment of 12.19 acres in the erstwhile Appu Ghar Complex by the Ministry of Urban Development to the Supreme Court was expedited by the institution of a petition on the judicial side by the SCBA; 4 (ii) After the Additional Building Complex was constructed in 2018-19, a small segment has been utilized for the construction of a chamber block for lawyers in which 234 chambers have been constructed allowing for an occupancy of 468 lawyers; (iii) The Additional Registrar of the Supreme Court informed the SCBA that 0.50 acres out of 1.33 acres of land have been earmarked for construction of a lawyers’ chamber block, subject to a change of use.
Learned senior counsel submitted that in the newly constructed chamber block in the Additional Building Complex, approximately 70 percent of the chambers have been allotted to Advocates on Record (the remaining 10 percent being allotted to 5 Senior Advocates and 20 percent to other Advocates).
Also Read: https://newslaw.in/case-type/civil/courts-analysis-on-compliance-with-resolution-plan-conditions/
Mr Manan Kumar Mishra who is also the Chairperson of the Bar Council of India urged that (i) the Bar Council of India is a statutory body entrusted with duties and functions to regulate the legal profession; (ii) though the Bar Council has a building of its own, situated in proximity to the Supreme Court, it is inadequate to meet its needs; (iii) the Bar Council of India has to carry out disciplinary functions and all its records are lodged in a godown; (iv) hence the space should be allotted to the Bar Council of India for the construction of a building complex which would facilitate the discharge of its statutory functions under the Advocates Act 1961. Mr Manan Kumar Mishra, Mr S Prabhakaran and Mr Debi Prasad Dhal, learned senior counsel have, however, joined in stating that this is a matter which should be taken up only on the administrative side and the Bar Council would be content with such decision as may be taken by the Supreme Court to accommodate its reasonable needs.
On 21 August 2017, pursuant to a request by the Registrar (Administration) of the Supreme Court, the Union Ministry of the Housing and Urban Affairs conveyed the sanction of the President of India for the allotment of the land for the specific purpose of setting up of the Supreme Court Archives. It has been submitted that the decision to earmark 0.5 acres for the construction of lawyers’ chambers was taken after careful deliberation bearing in mind that a chamber block has also been recently constructed in the Additional Building Complex for members of the Bar.
During the course of the hearing, we have abundantly indicated to the learned senior counsel that the views of the Bar would be solicited and deliberations will take place on the administrative side with the members of the Associations and the Bar Council.
On 27 August 2018, the Additional Registrar of the Supreme Court of India addressed a communication to the Honorary Secretary of the SCBA stating that 0.50 acres out of 1.33 acres of land shall be earmarked for the construction of lawyers’ chambers subject to a change of land use by the concerned authority. These are matters which cannot be resolved by the application of judicial standards and have to be taken up on the administrative side of the Supreme Court. However, we leave it open to the Supreme Court of India on its administrative side to take appropriate decisions bearing in mind the needs of the institution for the present and the future and the interest of all stakeholders. ……………………………………….CJI
Also Read: https://newslaw.in/case-type/criminal/alleged-misuse-of-official-position-courts-legal-analysis/
[Dr Dhananjaya Y Chandrachud]
Case Title: SUPREME COURT BAR ASSOCIATION Vs. MINISTRY OF URBAN DEVELOPMENT (2023 INSC 278)
Case Number: W.P.(C) No.-000640 / 2022
