'No Infrastructure Project Getting Cleared, Funds Not Being Released': High Court To Delhi Govt On Lack Of Space In District Courts

The Delhi High Court on Friday expressed displeasure with the Delhi Government for “complete lack of cooperation” from its side, observing that neither funds are being released nor any judicial infrastructure project is being cleared for improving the conditions of District Courts in the city.

Calling it “non-cooperation at its peak”, a Division Bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna asked the Delhi Government's counsel to speak to the Law Secretary on the issue and sought a detailed affidavit in the matter.

“Nothing is happening at your end. No funds are being released. You are undertaking 6 to 7 infrastructure projects, none of them is functioning at the moment. There is a lack of cooperation,” the court said.

It added: “We come from an organization which restrains itself. We don't pass orders. But complete non cooperation is not an answer….Neither staff is being given, neither finances are given. No infrastructural project is being cleared. Very sad…. We are restraining ourselves because we are an institution. This is for the public citizens.“

The bench also said that in the Patiala House Courts, one courtroom is being shared by three judges and some judges are coming to the court only to record evidences in cases.

As the Delhi Government's counsel responded that the Central Government will have to address the issue of land, the bench said:

“Nothing is coming [from your side]. Non cooperation at its peak.…Please ask your law officers. Ask the Law Secretary. Please ask for a feedback, he knows everything, all projects which are stuck. Get this organized. Things are really stuck.”

While listing the matter for hearing next on January 09, the court asked the Delhi Government's Law Secretary to also join the proceedings virtually.

In the last hearing, the bench had taken judicial notice of the fact that there is a shortage of space and budget in all District Courts in the city. It had said that the number of court rooms available was not commensurate with the sanctioned strength of judicial officers.

“It is pertinent to mention that ninety-nine newly recruited officers of Delhi Judicial Service have recently joined and are currently undergoing training at the Delhi Judicial Academy and few more are expected to join in the near future. It is apparent that after completion of their training, it would not be possible for the High Court of Delhi to allot Courts to all these officers on account of non-availability of Court rooms,” the court had opined.

The bench was dealing with a plea seeking direction to the Delhi Government for developing proper infrastructure and logistical support for recording of evidence by the Local Commissioners in District Courts in the national capital.

Advocate Harshvardhan Pandey appeared for the petitioner-Achla Dhawan

ASC Sameer Vashisht appeared for the Delhi Government

Case Title: Achla Dhawan v. State of NCT of Delhi & Anr., W.P.(C) 4069/2021