Delhi High Court - Orders
Drt Bar Association And Anr vs Union Of India And Ors on 12 May, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8599/2019 & CM APPL. 35518/2019
DRT BAR ASSOCIATION AND ANR. ..... Petitioners
Through: Mr.Kirti Uppal, Sr. Adv. with
Mr.Dhananjay Kr.Singh, Mr.Sidharth
Chopra and Ms.Riya Gulati, Advs.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr.Ajay Digpaul, CGSC with
Mr.Kamal R. Digpaul and Ms.Swati
Kwatra, Advs. for UOI.
Mr.Mohinder Singh and Mr.Ankur
Goel, Advs. for R-3/LIC
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 12.05.2022
1. The Court has gone through the Note which has been submitted by the Registrar which seems to indicate that the building from which the Tribunal is presently functioning is in a very sorry state of affairs. It is pointed out that even basic amenities such as retiring room for Registrars and Recovery Officers, consultation room for lawyers, canteen, rooms for storage of stationery have not been provisioned for. It is pointed out that presently there are 12 courts functioning from the premises comprising of three courts of Presiding Officers, three courts of Registrars and six for Recovery Officers. The Registrar further apprises the Court that 700-800 matters are posted before these Courts and the premises is frequented daily by a large Signature Not Verified Digitally Signed By:NEHA Signing Date:13.05.2022 18:06:45 number of lawyers and litigants. According to the Registrar, the state of the present facilities thus need to be revamped on an urgent basis.
2. The Court is apprised that LIC is presently receiving rental income of approximately Rs.45 lakhs per month. Learned counsel appearing for the Corporation has also apprised the Court of a technical study of the building which was undertaken and on the basis of which it is contended that in order to carry out structural repairs, they would need vacant possession of both the third and fourth floors. The Court, however, notes that presently the Tribunal cannot possibly be shifted to any alternative accommodation at least immediately or in the near future. Notwithstanding the above, at least essential repairs which can be undertaken would have to be attended to.
3. The Court has been apprised by Mr. Digpaul, learned CGSC appearing for the Union, who submits that although in the past alternative sites and premises were suggested to the Tribunal, they were not accepted by the Bar Association and other constituents. He further states that till date the concerned Ministry is yet to receive a concrete and detailed proposal from the Registrar of the Tribunal for the consideration of the Union respondents.
4. In view of the aforesaid the following interim directions are issued.
5. LIC to take such immediate steps for repair as may be found expedient and feasible bearing in mind the immediate need to secure life and property. The Corporation is expected to undertake emergent repairs bearing in mind the impending monsoons.
6. The Registrar of the Tribunal will submit a detailed proposal in respect of the repair and renovation work which is liable to be undertaken and also indicate the requirements of space for effective administration and Signature Not Verified Digitally Signed By:NEHA Signing Date:13.05.2022 18:06:45 discharge of functions by the Tribunal.
7. The Court further requests the Secretary in the Ministry of Finance to constitute a core group comprising of the Registrar of the Tribunal, an appropriate member from the concerned Division in the Ministry of Finance, a representative of LIC and such other constituents as may be deemed appropriate by the Secretary which may be tasked with examining the proposal which the Registrar has been directed to submit and to come up with a long-term solution bearing in mind the requirements of the Tribunal in question.
8. The Court further leaves it open to the Committee which the Secretary has been requested to consider constituting to also take into consideration any representation that the petitioner Bar Association as well as other constituents of the Tribunal may prefer for the purposes of examining the amenities, and other structural changes that may be warranted.
9. Let the petition be called for reviewing progress on 13.09.2022.
YASHWANT VARMA, J.
MAY 12, 2022/bh Signature Not Verified Digitally Signed By:NEHA Signing Date:13.05.2022 18:06:45