Democracy Will Crumble If Any Pillar Weakens, 'Pray To God' That UT Admin Rises To Occasion: Punjab & Haryana High Court On Space Shortage

Expressing serious concern over the acute shortage of space affecting its functioning, the Punjab and Haryana High Court has reminded the Chandigarh Administration that the needs and constraints of the judiciary are equally its responsibility. Emphasizing that the judiciary, as the third pillar of democracy, can function effectively only when the executive and legislature work in tandem with it, the Court urged the Administration to rise to the occasion and address the issue.Chief Justice Sheel Nagu and Justice Sanjiv Berry said,"After all, the requirement/need/constraints of the High Court are the requirement/need/constraints of the Chandigarh Administration. It goes without saying that judiciary is the third pillar of democracy which can function effectively only when the other two pillars (Executive and Legislature) work in tandem with judiciary. The edifice of democracy will crumble if any of the three pillars is weakened.""We hope, expect and pray to God that U.T. Chandigarh Administration shall rise to the occasion to ameliorate the genuine grievance of the High Court of acute shortage of space," it added.The Court also remarked, "The U.T. Chandigarh Administration is expected to adopt a facilitative stance in this regard rather than adversarial."Against Sanctioned Strength Of 85, High Court Has Only 69 Operational Court-Rooms.Pertinently, the Court noted that, "against sanctioned strength of 85, the High Court has only 69 operational court-rooms. This dissuades the High Court from working full strength." We thus beseech the U.T. Chandigarh Administration to take a pragmatic view and allow the High Court to expand infrastructurally, by giving approval to the Holistic Plan, be it restrictively, it added.The Court was hearing a batch of petitions pertaining to issues including, parking lot for the High Court, and allotment of additional buildings for administrative Branches of the High Court and allotment of alternative site for construction of new building.Considering the increasing footfall and space constraints, the Court had earlier asked the Chandigarh UT Administration to explore alternative locations for the construction of a new High Court building.In the previous hearing the Court noted that, "the counsel for U.T. Administration has not provided this Court with any acceptable plan. U.T. Administration is unable to provide any solution to the perennial problem of traffic congestion at Sector 12- PGIMER, Chandigarh Chauraha, which falls on the way to village Sarangpur except that an underpass can be constructed."The High Court had also sought documents of the environmental clearance granted to The Lalit Hotel located in the IT Park area of Chandigarh, as the Union Territory (UT) Administration opposed the construction of the new High Court building in the same vicinity.It had also directed the High Court Bar Association and the UT Administration to hold a joint meeting, to be presided over by ASG Satya Pal Jain, to deliberate on the issueIn the present hearing, the Court noted that U.T., Chandigarh have been shifted to a newly constructed building, leaving the erstwhile building partially vacant. Hence, it directed the U.T. Chandigarh Administration to explore the possibility of allotting two floors for housing the Branches of the High Court which are facing acute shortage of space in Sector-1, by filing affidavit in this regard.The matter is now listed for August 22 for further consideration.Title: VINOD DHATTERWAL AND OTHERS v. UNION OF INDIA AND OTHERSClick here to read/download the order

Democracy Will Crumble If Any Pillar Weakens, 'Pray To God' That UT Admin Rises To Occasion: Punjab & Haryana High Court On Space Shortage

Aiman J. Chishti

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