Summary
The Supreme Court Bar Association petitioned under Article 32 for a mandamus directing the Union Ministry of Urban Development to permit the entire 1.33 acres allotted to the Supreme Court for its archives to be converted into a lawyers' chamber block, with further reliefs over neighbouring buildings and a bungalow. The Advocates on Record Association, the Bar Council of India and the Attorney General all said the matter belonged on the administrative side. A three-Judge Bench declined to entertain the petition: allocation of the Court's land among lawyers, litigants and staff requires a holistic administrative balancing not amenable to judicial standards, change of land use can be handled administratively, and the Association cannot assert a right to the whole parcel. The matter was left to the Court's administrative side in consultation with the Bar.
Issues
- Whether a writ petition under Article 32 of the Constitution is maintainable to direct that land allotted to the Supreme Court for its archives be converted entirely into a chamber block for lawyers, that surrounding buildings be acquired for the Bar and that a bungalow be allotted to the Bar Association.
Provisions considered
- Article 32, Constitution of IndiaNot an appropriate remedy for a demand that the entirety of land allotted to the Supreme Court be used for lawyers' chambers; such allocation of institutional resources among stakeholders is an administrative function of the Court that cannot be moved to the judicial side. (¶¶ 1, 18, 20, 21, 22)
- Section 11A(2), Delhi Development Act, 1957The Master Plan of Delhi 2021 was modified under this provision in February 2019 to change the land use of the 1.33 acre parcel to Government Office; further change of land use for chambers is a matter suitable for the administrative side rather than judicial adjudication. (¶¶ 12, 19)
Held
- The land was sanctioned in August 2017 specifically for the Supreme Court Archives, with 0.50 acres later earmarked for lawyers' chambers after deliberation and a chamber block already built in the Additional Building Complex; the suggestion to shift the archives elsewhere was found unworkable by the Secretary General, and the development of the land is pending before the Judges' Committee. (¶¶ 12, 13)
- The Supreme Court discharges both judicial and administrative functions and its resources implicate lawyers, litigants and staff; a holistic view balancing present and future needs of all stakeholders must be taken on the administrative side and cannot be resolved by applying judicial standards. The Bar Association cannot assert a right to the entire parcel, and the reliefs regarding neighbouring buildings and a bungalow cannot be granted on the judicial side. (¶¶ 14, 16, 18, 19, 20, 21)
Result
Writ petitions disposed of; reliefs under Article 32 declined; left open to the Supreme Court on its administrative side to take appropriate decisions on the use of the 1.33 acre land in consultation with the Bar, with liberty to the Supreme Court Bar Association, the Supreme Court Advocates on Record Association and the Bar Council of India to make representations on the administrative side.