Karnataka High Court Directs State To Ensure Disbursal Of Funds For Construction Of New District Court Building At Raichur

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum said,

"We direct the state government through the Principal secretary (Law) to apprise the urgency in the matter to the concerned government authorities and ensure that funds are arranged so that work of construction of new court complex starts without any further delay. It is needless to observe that in case an untoward incident takes place due to the dilapidated old court building it will create unwanted conditions which may be not in public interest."

The court also requested the Advocate General to use his good office to advise the government in the right earnest in the matter.

By order dated March 6, 2020, the court had taken cognizance of the dilapidated condition of the court building.

In a report dated 3rd March, 2020, submitted by the Principal District and Sessions Judge, Raichur, addressed to the Registrar General of High Court, it was  mentioned that the existing Court building is gradually tilting, its roof has become weak, cracks have been developed and therefore the existing building is in a very bad condition.

After a writ petition was filed in the court, the State Government allotted a land measuring 10 acres 32 guntas for construction of a new District Court complex. The State Government had already released funds of Rs.10,00,00,000/- (Rupees Ten Crores only) for construction of the new District Court complex, in the budget of 2017-18.

However, the government advocate informed the court today that in fact the proposal was placed before the State Finance department, which has returned the file and requested it to be sent for consideration in the next financial year-2022-23.

The court observed that, "From the record we find that there was urgent need of a new court building in district Raichur and the state government, realizing the urgency in the matter, had also allotted land and made budgetary provisions for release of the funds for construction of new court complex. However, it appears that thereafter the state government has somehow not taken appropriate steps for release of funds due to which the construction at the new court complex site has not yet started."

It added that,

"We have to remind that it is the bounden duty of the state government to provide infrastructure for judicial functioning of the courts and to our understanding the discharge of judicial work is one of the most important functions in the state. It is not possible that the state govt may shirk from its responsibilities for providing funds for construction of a court building, on the pretext of constraints of funds. The stand taken by the finance department of the state government cannot be appreciated."

Accordingly it urged the government to provide funds for construction of the new court complex building. The matter will be next heard in the first week of January 2022.

Case Title: P. Basavaraj v. The State Of Karnataka

Case NO: WP 22/2020