Utkarsh Anand
Date: December 21, 2011
A few judges of the Delhi High Court may soon join those at the new
power address in the Capital.
Asserting the entitlement of judges to Type VIII bungalows, bigger in
size than their present Type VII accommodation and allotted to Cabinet
ministers and very senior government officials, the High Court has asked
the Urban Development Ministry to obtain instructions on why shouldn't
judges be allotted these houses in accordance with rules.
In response, the Ministry has informed the court that it has stayed
fresh allotment of Type VIII bungalows, which were constructed recently
in New Moti Bagh.
The division bench of Justices Pradeep Nandarajog and S P Garg was also
informed by the Central government counsel that the issue was under
"active consideration" of Urban Development Minister Kamal Nath and that
there would "certainly" be a decision within 30 days.
The issue came to fore after an application was moved before a bench
headed by Acting Chief Justice A K Sikri. It was urged that there were
certain vacant bungalows available for accommodation in New Moti Bagh
and these could be allotted to judges.
At this, Justice Sikri asked the government's counsel to take
instructions on allotment of the new Type VIII bungalows in New Moti
Bagh Complex to High Court judges.
"We are informed that the judges of this court are allotted Type VII
bungalows, even when Type VIII bungalows are now constructed and
available for allotment. As per the entitlement, judges of the High
Court are entitled to Type VIII bungalows. It is for this reason we have
asked the respondents to take instructions in this regard," Justice
Sikri said.
Subsequently, the matter was taken up by the bench headed by Justice
Nandarajog who also asked the counsel "to obtain instructions as to the
willingness to make available Type VIII houses in New Moti Bagh for
residence of judges of the Delhi High Court".
On being informed that there were six Type VIII houses that were yet to
be allotted, the judge "hoped and expected" that the Central government
will not precipitate the issue, and not effect any further allotment
till the next date of hearing.
On the last date of hearing, B V Niren, counsel for the Centre, produced
a letter addressed to him by Munish Kumar Garg, Director of Estates.
According to the communication, the government had agreed to maintain
status quo over allotment of Type VIII bungalows in New Moti Bagh.
"The letter further noted that the matter is under active consideration
of the Minister of Urban Development. Learned counsel states that a
decision would certainly be taken within the next 30 days," the court
noted.
Asking the Ministry to get back with its final decision within a
deadline, the court posted the matter for hearing in February 2012.
Date: December 21, 2011
A few judges of the Delhi High Court may soon join those at the new
power address in the Capital.
Asserting the entitlement of judges to Type VIII bungalows, bigger in
size than their present Type VII accommodation and allotted to Cabinet
ministers and very senior government officials, the High Court has asked
the Urban Development Ministry to obtain instructions on why shouldn't
judges be allotted these houses in accordance with rules.
In response, the Ministry has informed the court that it has stayed
fresh allotment of Type VIII bungalows, which were constructed recently
in New Moti Bagh.
The division bench of Justices Pradeep Nandarajog and S P Garg was also
informed by the Central government counsel that the issue was under
"active consideration" of Urban Development Minister Kamal Nath and that
there would "certainly" be a decision within 30 days.
The issue came to fore after an application was moved before a bench
headed by Acting Chief Justice A K Sikri. It was urged that there were
certain vacant bungalows available for accommodation in New Moti Bagh
and these could be allotted to judges.
At this, Justice Sikri asked the government's counsel to take
instructions on allotment of the new Type VIII bungalows in New Moti
Bagh Complex to High Court judges.
"We are informed that the judges of this court are allotted Type VII
bungalows, even when Type VIII bungalows are now constructed and
available for allotment. As per the entitlement, judges of the High
Court are entitled to Type VIII bungalows. It is for this reason we have
asked the respondents to take instructions in this regard," Justice
Sikri said.
Subsequently, the matter was taken up by the bench headed by Justice
Nandarajog who also asked the counsel "to obtain instructions as to the
willingness to make available Type VIII houses in New Moti Bagh for
residence of judges of the Delhi High Court".
On being informed that there were six Type VIII houses that were yet to
be allotted, the judge "hoped and expected" that the Central government
will not precipitate the issue, and not effect any further allotment
till the next date of hearing.
On the last date of hearing, B V Niren, counsel for the Centre, produced
a letter addressed to him by Munish Kumar Garg, Director of Estates.
According to the communication, the government had agreed to maintain
status quo over allotment of Type VIII bungalows in New Moti Bagh.
"The letter further noted that the matter is under active consideration
of the Minister of Urban Development. Learned counsel states that a
decision would certainly be taken within the next 30 days," the court
noted.
Asking the Ministry to get back with its final decision within a
deadline, the court posted the matter for hearing in February 2012.
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