On Monday, the Supreme Court in the case SCBA v Ministry of Urban Development observed and has adjourned a petition requesting to direct the Ministry of Urban Development to convert the entire land measuring 1.33 acres that was recently allotted to the Top Court, situated behind the petrol pump near ITO on the Ring Road, into chamber blocks for lawyers.
The bench comprising of Chief Justice of India UU Lalit and Justice Ravindra Bhat observed and has posted the petition moved by the Supreme Court Bar Association (SCBA) to next Monday.
During the hearing, the court was informed by the advocate appearing on behalf of the SCBA that the President of SCBA Senior Advocate Vikas Singh wanted to argue the matter himself. The bench remarked, “Can the office bearers be appeared as counsel? It is not permitted by the Bar Council of India”.
This being the case, it was expressed by the bench that its reservations in issuing notice at this stage. Consequently, it is requested by the advocate to have the matter taken up next week.
As per the petition, in the recent years, in the Supreme Court the number of advocates practising has increased manifold and the same has spiked the requirement of chambers and other related activities off the Supreme Court in the Supreme Court vicinity. Therefore, it was stated that the chamber blocks of the Supreme Court can no longer accommodate the growing number of lawyers being eligible for allotment.
The court observed that the petitioner association has a duty towards its members to meet their growing requirements and ensure that chambers are allotted as per the Seniority list expeditiously. Against this backdrop, it is pertinent to mention that chamber blocks of the Supreme Court can no longer accommodate the growing number of lawyers eligible for allotment. As a result of which the petitioner Association requires additional space to cater to the accretion in the number of members in the Association in and around the Supreme Court of India.”
However, out of the 1.33 acres of land were allotted to the Supreme Court only 0.5 acres have been earmarked for the chamber blocks for lawyers and only 400-500 chambers can be constructed on the said land. The plea reads that this land admeasuring 1.33 acres is the last piece of vacant land available near the Supreme Court and must be entirely utilized for constructing chamber blocks for lawyers.
Adding to it, the plea states that the member of Petitioner Association are integrated and indispensable part of administration of Justice and chamber for a lawyer will facilitate this same.
It is observed that the non-allotment of chambers due to the dearth of chamber blocks will violate the fundamental rights of the members as enshrined under Article 14, 19(1)(g) and Article 21 of E the Constitution of India. Thus, the same poses an impediment to the members of the Petitioner Association to practice their profession.
The present petition seeks to have the entire area around the Supreme Court be declared as a Supreme Court Complex in consultation with the Ministry of Urban Development so that all the buildings across Supreme Court on Bhagwan Das Road including the Indian Law Institute (ILI), Foreign Correspondence Club, Indian Society of International Law (ISIL) etc. be utilized either for conversion into chambers or for re-development as chamber use/block for the activities related to the Supreme Court of India.
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