Attorney General Agrees To Discuss With Ministry Officials Issue Of Setting Up Lawyers Chambers In Land Allotted By Centre To Supreme Court

Supreme Court bench comprising Chief Justice UU Lalit and Justice Bela M Trivedi adjourned a petition seeking directions to the Ministry of Urban Development to convert land measuring 1.33 acres, that was allotted to the Supreme Court, into chamber blocks for lawyers. The matter is now listed for 21st November 2022. 

At the outset, Senior Advocate Vikas Singh, appearing for Supreme Court Bar Association (SCBA) submitted that he had interacted with the Judges' Committee which had said that it was for the lawyers to decide how the land was to be utilised. However, CJI UU Lalit remarked that the administration had stated that they granted the land to the Supreme Court and not to lawyers. Further, on an administrative side, the judges' committee cannot override policy decisions of the Government.

Sr. Adv. Vikas Singh submitted–

"The lawyers community has exploded in last 30 years and the issue of lawyers not getting chambers is important. Not all lawyers are that well-off. Every lawyer getting chambers cannot have means to have a private office and often these chambers are passed down to children."

The CJI asked the Attorney General for India R. Venkataramani if he could offer any solutions for the problem. CJI Lalit remarked–

"Try to solve the problem. We're trying to utilise your services."

The AG submitted that while he could not offer any solutions immediately, he could try navigating the problem and there could be a joint meeting with the Secretaries of the Ministries and the SCBA. Accordingly, he sought time for the same. CJI Lalit thus narrated the order which reads as follows–

"We have heard Mr. Vikas Singh on behalf of the petitioner. It is his submission that the plot of land in question can accommodate more than 1000 chambers. Part of it is meant for archives of the Supreme Court. It is submitted that the existing facilities available with the Supreme Court can take care of requirements of archives. He submits that the prayer made in the Writ Petition be granted so that appropriate chambers can be made. The Attorney General seeks time to be given to discuss with officials. We adjourn the matter for two weeks. At this stage, Mr. Singh submits that the matter be expanded and Prayer B also be taken into consideration. Let the matter be considered by appropriate bench. List it for 21st November."

It may be recalled that Court had earlier refused to issue notice on Prayer B of the petition, which sought for directions to utilize all the buildings across Supreme Court on Bhagwan Das Road including the Foreign Correspondents Club, Indian Law Institute ("ILI"), Indian Society of International Law ("ISIL") etc., for lawyers chambers.

Background

The petition seeks to have the entire area around the Supreme Court be declared as a Supreme Court Complex in consultation with the Ministry of Urban Development so that all the buildings across Supreme Court on Bhagwan Das Road including the Foreign Correspondence Club, Indian Law Institute (ILI), Indian Society of International Law (ISIL) etc. be utilized either for conversion into chambers or for re-development as chamber block/use for the activities related to the Supreme Court of India.

According to the petition, in recent years, the number of advocates practicing in the Supreme Court has increased manifold and the same has spiked the requirement of chambers and other Supreme Court related activities in the Supreme Court vicinity. And therefore, the chamber blocks of the Supreme Court can no longer accommodate the growing number of lawyers eligible for allotment.

"The Petitioner Association has a duty towards its members to meet their growing requirements and ensure that chambers are allotted as per the Seniority list expeditiously. In this backdrop, it is pertinent to mention that chamber blocks of the Supreme Court can no longer accommodate the growing number of lawyers eligible for allotment. As a result, the Petitioner Association requires additional space to cater to the accretion in the number of members in the Association in and around the Supreme Court of India."

Further, out of the 1.33 acres of land were allotted to the Supreme Court only 0.5 acres have been earmarked for the chamber blocks for lawyers and only 400-500 chambers can be constructed on the said land. "This land admeasuring 1.33 acres is the last piece of vacant land available near the Supreme Court and must be entirely utilized for constructing chamber blocks for lawyers", the plea reads.

The members of Petitioner Association are integrated and indispensable part of administration of Justice and chamber for a lawyer will facilitate this same, the plea added.

"The non-allotment of chambers due to the dearth of chamber blocks will violate the fundamental rights of the members as enshrined under Article 14, 19(1)(g) and Article 21 of E the Constitution of India. The same poses an impediment to the members of the Petitioner Association to practice their profession."

Case Title: SCBA v Ministry of Urban Development | W.P.(C) No. 640/2022