'Can't assert right on land', SC on SCBA plea for land allotment for lawyers' chambers

The Supreme Court on Thursday said the Supreme Court Bar Association (SCBA) cannot assert a right to the entirety of the land measuring 1.33 acres which was allotted by the Centre for housing the apex court archives for converting it into a chamber block for lawyers.

SCBA had moved the apex court seeking a direction to convert a land measuring 1.33 acres allotted to the top court for the construction of lawyers' chambers.

A bench headed by Chief Justice of India D.Y. Chandrachud and comprising Justices Sanjay Kishan Kaul and P.S. Narasimha said such directions cannot be issued on the judicial side, and declined to grant relief sought by the bar association under Article 32.

"However, we leave it open for the Supreme Court on its administrative side to take appropriate decisions bearing in mind the needs of the institution for the present and the future," said the bench.

The bench noted that SCBA's prayer for conversion of the entire area near the Bhagwandas Road as the Supreme Court block also could not be granted as such directions cannot be issued on the judicial side. Detailed judgment in the matter will be uploaded later in the day.

On March 17, the Supreme Court had observed that a signal must not go to the government that the court can bulldoze its authority by passing judicial orders, while hearing the SCBA plea.

The top court had said it would take up the land allotment issue for lawyers' chambers with the government.

The bench had queried senior advocate and SCBA president Vikas Singh, "how could court pass an order to take over the land for allotment of chambers? Lawyers are part of us, but can we use our own judicial powers to safeguard our own people?"

The bench had added it would appear that the apex court is exercising its own judicial powers to meet its own needs.

Singh had submitted that the apex court is surrounded by roads on all sides, there is no way to grow except within the campus, and futuristic planning is required for the court campus and urged the court to issue notice on the plea, so that a discussion can start.