Now, High Court Bar Assn’s own petition transferred to Mumbai
| Date :21-Feb-2020 |
Staff Reporter :
Decision likely to revive the old jurisdiction war debate between benches
In a shocker for High Court lawyers here, a public interest litigation (PIL) filed by High Court Bar Association (HCBA) has been transferred to Principal Bench by an administrative order. This PIL (07/2015) was instrumental in facilitating improved physical infrastructure for all courts including the High Court and it was a very alive petition before Nagpur bench.
The decision is likely to create storm in the ensuing HCBA elections, as this transfer has potential to slow down the development of new High Court (HC) annex building as the matter will now be listed before Mumbai bench, much to the displeasure of legal fraternity here. It was in this PIL, the High Court passed many landmark orders including handing over part of Chief Engineer bungalow situated right in front of Eastern exit gate of existing HC building for constructing additional chambers to accommodate lawyers and litigants. The High Court had also reserved a land piece of five acres near Telangkhedi lake for future expansion of judicial infrastructure. However, the PIL got stuck when it was realised that for construction of new HC annex building, FSI of four was required for which the Urban Development Department was reluctant since the existing rules did not empower any authority to grant such FSI. To a great astonishment of the entire legal fraternity, this PIL has been transferred to Principal seat at Mumbai on November 28, 2019 itself vide Ref Letter No Civil C-I No. 17184/2019.
The reasons for transfer are not known to officials here or the members of legal fraternity and the matter has now been numbered as PIL no 154/2019. Though the matter has not been listed before any of the benches on judicial side, it will be listed in due course. After transfer of PIL seeking speedy trial in Nagpur District Central Co-operative Bank (NDCCB) scam, this is the second major PIL which has been shifted from Nagpur bench in the last few months. What is more surprising is the fact that HCBA, which is expected to espouse the cause of legal fraternity, itself seems to be at the receiving end since this PIL indeed helped in improving physical infrastructure of District Court, air-conditioning of Bar rooms, Government Pleader’s office, HCBA library. Even the basic amenity like desert cooler in District Courts upto tehsil level and chambers of judicial officers was ordered in this PIL and the HCBA, which filed this petition initially in 2011, obtained several orders from Nagpur bench during this long journey particularly after 2015 when Justice Bhushan Gavai was the senior administrative judge.
This PIL witnessed some confrontation between State Government and judiciary as the former was reluctant to pay the bill of electricity consumed by air-conditioning system installed for Bar rooms. Even the handing over 1.46 acre of six acre land part of PWD Chief Engineer’s sprawling bungalow in front of HC’s Eastern exit gate, witnessed some resistance. Later, the High Court constituted a committee to prepare plans for new HC building and the panel suggested to create a green building taking care of all future needs. Later, the issue of additional FSI became bone of contention so also the issue of Rs 40 crore to be paid from HCBA for providing so much space, but HCBA readily agreed to contribute. The proposed estimated cost of High Court annex building was pegged at Rs 156 crore including Rs 80 crore on civil work itself. HCBA had promised to contribute Rs 40 crore while State Government had promised to allocate Rs 116 crore. The annex was planned to maintain heritage look of original High Court building.