Supreme Court Seeks Progress Report On Construction Of J&K&L High Court Jammu Bench New Complex

The Supreme Court asked the Center to place on record the construction progress of the new complex of the High Court of Jammu and Kashmir and Ladakh, Jammu Bench. This direction was passed when the Centre apprised the Bench about the tentative proposal. As per this, once the High Court shifts to the new complex, the old building can be utilized for the purposes of the Central Administrative Tribunal (CAT).

The Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia was hearing a plea underscoring the vacancies and pendency of the cases at the CAT Benches in Jammu and Srinagar.

At the commencement of the hearing, ASG Aishwarya Bhati presented the updated report pertaining to the vacancies and pendency. She submitted that as per the updated report, the pendency is slightly lower, i.e., 15,000 (earlier, it was 16000).

To this, Justice Kaul said: “See the problem (with) pendency; we cannot do anything, but the question is, when vacancies remain, what will happen? That is the problem. Even staff arrangements have been stop-gap arrangements.”

Thereafter, the Counsel submitted that some progress has been made so far as Srinagar was concerned but in Jammu, the identification of land was an issue. He said that it is an ongoing process, and he will place an affidavit on the subsequent developments.

On being asked about the ongoing process, the Counsel elaborated, “We had shown them some lands, but the members were not satisfied because they wanted something close to the High Court Bench. Ideally it should be because it is not only convenient for the litigants but for the lawyers also. But the identification of the land is an issue.”

At this juncture, Bhati apprised the Bench that she had certain instructions. She submitted:

“My instructions are that there is now an agreement. Once, the existing High Court building is vacated, the tribunal (Jammu Bench) will shift there.”

She clarified that there is a new building that is being constructed for the High Court. However, Justice Kaul while expressing some reservations, replied: “It is not even started…only things that happened is that we all joined there to lay the foundation stone. That is all that has happened there. Nothing else has happened…. Possibly, you have also not been instructed correctly. Because in the Srinagar, the new high court building, something has happened...In Jammu, nothing has happened. There seems to be a fund problem.”

It may be recalled that this year, on June 28, the Chief Justice of India, Dr DY Chandrachud, laid the foundation stone of a new high court complex in Jammu.

Bhati requested the Bench to place an affidavit with respect to this.

In view of this above projection, the Court recorded: “We have perused the updated status report, but a lot remains to be done.” Thereafter, taking note of the proposal made by Bhati, the Court penned down: “It may also be placed on record as to what is the progress being made as the two aspects are interlinked.”

The matter will be posted next on February 20, 2024.

Case Title: ACHAL SHARMA vs. UNION OF INDIA., Diary No.- 16454 - 2020

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