OM SHIV TRANSPORT Vs. UNION OF INDIA

JUDGEMENT

(1.) Pursuant to our order dated 8-7-2015 passed in Central Excise Appeal No. 135 of 2015, we directed the learned Standing Counsel to supply all the orders of the Court to the District Magistrate, Allahabad so that he could be aware of the issue involved in the case. The District Magistrate is present today and has intimated the Court that pursuant to the letter of the Chief Secretary, Uttar Pradesh necessary directions were issued to the Nagar Nigam and other authorities to intimate the availability of the land and building at Allahabad. The District Magistrate has been candid enough to state that necessary information has not yet been made available to him. He however submitted that the Registrar CESTAT has not made any effort nor contacted the District Magistrate for the purpose of providing land or building to them. We, accordingly, direct the District Magistrate, Allahabad to take necessary information from various departments like the Allahabad Development Authority, Nagar Nigam, Allahabad, etc., and intimate the Court with regard to the availability of a suitable accommodation of 15,000 sq. ft. of land and building for the purpose of housing the Central Excise Appellate Tribunal at Allahabad. We also direct the District Magistrate to consider the land and building, which was earlier housed by the Central Administrative Tribunal, on Thornhill Road (Dayanand Marg), which was previously housed at Thornhill Road as well as the building in which the Income Tax Department, Allahabad is functioning on Dayananad Marg. The District Magistrate, Allahabad may also find out the availability of the space in the present building, which houses the Central Administrative Tribunal.

(2.) We were intimated that the Income Tax building has two Court rooms where the Income Tax Appellate Tribunal was functioning and one of the Benches has been shifted to Lucknow and, consequently, one Court room along with rooms for the Members of the Tribunal and for Members of the Bar are available on the Ist/IInd floor of the building and that the infrastructure is readily available.

(3.) We have been informed through an affidavit given by the Registrar, Customs, Excise & Service Tax Appellate Tribunal, New Delhi that the space is not available as it has been utilized by the Income Tax Department for other purposes.