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Synopsis

The Supreme Court today refused to allow a plea filed by the Supreme Court Bar Association seeking a direction to allot the land admeasuring 1.33 acres, which had been allotted by the Union government for housing the Supreme Court Archives, and converting it into a chamber block for lawyers.

While noting that the SCBA cannot claim the entire land for chamber block for lawyers. CJI DY Chandrachud today said that,

"The Supreme Court Of India works on both the judicial and administrative side. Hence, this issue can be considered by the court on its administrative side."

The Special bench also comprising Justices SK Kaul and PS Narasimha added that SCBA cannot assert a right on the entirety of the land allotted to the Supreme Court for housing SC archives ordered,

"The discharge of functions by Supreme Court deals with lawyers, litigants and a holistic view has to be taken into the allocation of resources, thus, the matter cannot be dealt with by applying judicial standards. We leave it open to the Supreme Court to take this up on the administrative side and have a discussion with SCBA, SCAORA and other bar members. Plea stands disposed off accordingly."

Last week, the Supreme Court while hearing Senior Advocate Vikas Singh, appearing on behalf of SCBA had observed that it could not pass judicial orders directing to convert land that was allotted to the Supreme Court, into chamber blocks for lawyers.

"Lawyers are a part of this institution, but can we use our judicial powers for our own people...for our own needs..we cannot send a signal to the government that we can bulldoze their authority..", the bench opined.

This observation was made after Singh submitted before the bench that for Delhi High Court, many private buildings were taken over.

"As Supreme Court is surrounded by roads on all sides, we can grow only within the campus.. we need to plan futuristically. Please issue notice so that discussion can start..", Singh has also told the bench.

Singh had further expressed his reservations to the suggestion of considering the case on the administrative side, stating that the Bar and other stakeholders will not be a part of such administrative consultation.

When the Court asked Attorney General for India R. Venkataramani for his input, he expressed his inclination towards taking up the issue on administrative side.

"The flexibility of administrative side may be beneficial in the matter, on the judicial side, I may lose the capacity to be a neutral mediator", the AG said.

Case Title: SCBA vs. Ministry of Urban Development