Delhi Bar Association v. Union of India (SC) BS197568
SUPREME COURT OF INDIA

Before:- B.N. Kirpal, CJ, Mr. K.G. Balakrishnan and Mr. Arijit Pasayat, JJ.

I.A. No. 4-5, and 9 in Writ Petition(Civil) No.437/2000. D/d. 02.09.2002.

Delhi Bar Association - Petitioners

Versus

Union of India & Ors. - Respondents

For the Petitioners :- Mr. Anis Suhrawardy, Mr. Shamama Anis, Mr. Syed Mehdi Imam, Mr. Ved Prakash Sharma, Mr. Jatan Singh, Mr. Rajiv Khosla, Mr. P.H. Parekh, Mr. Rohit Alex, Advocates.

For the Respondents :- Mr. Harish N. Salve, SG., Mr. K.C. Kaushik, Mr. S.N. Terdol, Advocates.

For the RR No.4 :- Mr. S. Ravindra Bhat Mr. Naveen R. Nath, Ms. Mohini Bhat, Advocates.

For the New Delhi Bar Assn. :- Mr. Rajiv Dutta Sr. , Mr. K.K. Manan, Mr. Pradeep Gaur, Mr. R K Wadhwa, Mr. Avinash Rana and Mr. Ambhoj Kumar Sinha, Advocates.

For the Shahdara Bar Association :- Mr. R S Rana, Mr. N S Gehlot, Mr. S R Sharma, Mr. R K Jain, Advocates.

For the NCT of Delhi :- Mr. D.N. Goburdhun, Ms. Pinky Anand, Ms. Geeta Luthra, Advocates.

Constitution of India, 1950, Articles 32, 214 and 233 - Use of Court premises for any other purpose not permissible - Delhi Govt. occupied large number of rooms in Tis Hazari Complex - Earlier Court had issued clarification of order - Held - What was required by order dated 12.8.2002 was only a determination by Chief Justice of Delhi High Court as to which rooms in Tis Hazari Complex could be retained by Delhi Govt. and for what purpose, in connection with the functioning of the Courts there - It need not spend any time on the question as to whether it required more Court rooms or not - That was irrelevant - Registrar directed to file an affidavit indicating rooms identified by Chief Justice which could be retained by Delhi Administration for the functioning of Courts - Rooms other than these to be vacated.

[Para 2]

ORDER

UPON hearing counsel the Court made the following

1. We reiterate that what was required by our order dated 12th August, 2002 was only a determination by the Chief Justice of Delhi High Court as to which rooms in the Tis Hazari complex can be retained by the Delhi Government, and for what purpose, in connection with the functioning of the courts there. It need not spend any time on the question as to whether it requires more court rooms or not. That is irrelevant. Affidavit be filed by the Registrar indicating the rooms identified by Hon'ble the Chief Justice which can be retained by the Delhi Administration for the functioning of the Courts. Needful be done within a week. To come up after two weeks. It is clear that except for the rooms identified by the Hon'ble the Chief Justice, every other room in occupation of the Delhi Government will have to be vacated.

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