NARESH KUMAR AGGARWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS in their capacity as President and Secretary of District Bar Association, Jalandhar, have filed the present writ petition by way of public interest litigation as it concerns the general public, that is the litigants, Judiciary and Advocates for issuance of a writ of mandamus directing the respondents to construct the building of the New Judicial Complex having all the modern facilities like big Court rooms having air cooled/air conditioning facility, Bar Room along with spacious Library, Chambers for the Advocates, space for litigants along with canteen, parking facility and other facilities immediately without any loss of time.

(2.) JALANDHAR is one of the premier towns of the State of Punjab where apart from a District and Sessions Judge, four Additional District and Sessions Judges and 16 other Judicial Officers are posted. There are only ten court rooms available. The other Judicial Officers are working in very small rooms measuring about 10' x 12' and 8' x 10'. At present the judicial Courts are running at three different places. Court of District and Sessions Judge and three other Courts of Judicial Officers are functioning in Sessions Court premises. The Courts of four Additional District and Sessions Judges together with most of subordinate Courts constitute one agglomeration commonly known as 'new Courts Complex'. In this complex some of the Judicial Officers are sitting in the ordinary rooms meant for staff and the staff members are accommodated in the verandahs. The third complex is in the premises of old Courts which are at a distance of three kilometers from the premises of the new Courts. At present the subordinate Courts are being held in these premises. Some of the Judicial Officers have not been provided with the facility of retiring rooms. There are no bath rooms. There is no separate room for the lawyers to sit and wait for the turn of their cases.

(3.) KEEPING in view the poor condition of the building and the difficulty faced by the lawyers, on the intervention of the High Court, State Government agreed to allocate the funds for construction ofa new Court building. Foundation stone of the new Court Complex was laid by the then Chief Minister of Punjab on 27-1-1996. This function was attended by the then Chief Justice and other Hon'ble Judges of this Court. Chief Minister of Punjab while delivering his speech at the time of function made adeclaration that the government has decided to construct the Judicial Court Complex at all District and Sub-Divisional Headquarters in the State. It was declared that Court Complex at Jalandhar wilt be constructed by spending about 5. 05 crores of rupees out of which one crore of rupees will be allocated in the current financial year. Chief Minister also declared that he will give a grant of Rs. 5 lacs for setting up of a Library in the memory of Sardar Swaran Singh, Former Union Minister of India. Plans were drawn up. Some amount was sanctioned but later on the funds allocated were diverted to some other projects" Being disappointed with the indifferent attitude of the respondents and the total apathy shown by the administration for construction of Judicial Complex, petitioners as office bearers of the Bar Association have filed this writ petition seeking the relief prayed for.