Punjab & Haryana High Court Directs Vacating Of Guest Houses Occupied By DC, SSP For Allotment To District Judges

The Punjab and Haryana High Court has directed that government guest houses currently occupied by the Deputy Commissioner (DC) and Senior Superintendent of Police (SSP) in Punjab's Malerkotla be vacated and allotted to the District Judge for official and residential use.

The Punjab Government had notified Malerkotla as a district in 2021 and subsequently in 2023 its Sessions Court was formed. 

Chief Justice Sheel Nagu and Justice Sanjiv Berry noted, that the there is no residential accommodation of the prescribed standards in terms of the relevant notification, suitable for the District & Sessions Judge, Additional District Judge and Civil Judge (SD) or Chief Judicial Magistrate, to reside in.

In the previous hearing, the bench had asked Building Committee, Punjab, of the High Court, to delve upon the aspect as to whether Guest House, Malerkotla, can be used for residence or court room by District & Sessions Judge, as and when posted at Malerkotla; and whether any other buildings presently occupied by an Executive authorities of Malerkotla can be used for residence or court room purposes by the Judicial Officers posted at Malerkotla.

Perusing the resolution passed by the the Building Committee, the Court noted that it has opined "if, the promise of the State functionaries to construct permanent Court rooms as well as residential accommodation for the Judicial Officers is not complied with within a period of one year, then the accommodation, presently occupied by the Executive Officers, can be provided to the Judicial Officers."

Disagreeing with the Committee's opinion and considering that lack of infrastructure, large number of pendency and State's repeated failure, the Court directed the executive officers to vacate the guest house allot it to the District Judge.

"Though we respect the resolution of the Building Committee, which may have taken into account several factors while coming to the said conclusion, but looking to the large number of cases pending in Malerkotla and the State repeatedly failing to provide any infrastructure in the form of permanent court rooms and residential accommodations for the judicial officers, despite formation of new Revenue District of Malerkotla on 02.06.2021...and creation of Sessions Division at Malerkotla subject to availability of infrastructure way back in August 2023, this Court is compelled, by reasons attributed to State of Punjab, to direct that the Guest House, presently occupied by the Deputy Commissioner and the other house occupied by the Senior Superintendent of Police, be vacated forthwith and appropriate allotment letter(s) be issued in favour of the District & Sessions Judge, for official residence/courtroom (if viable) qua District & Sessions Judge," the Court observed.

The development came while hearing the two Public Interest Litigations filed by the District Bar Association, Malerkotla pertaining to the shortage of space in District Courts and accommodation for judicial officers in Punjab and Haryana.

The matter is listed for September, 30 for further consideration.

Mr. Gaurav Vir Singh Behl, Advocate, Ms. Raageshwari Sharma, Advocate, Mr. Jugraj Singh Chauhan, Advocate, for the petitioner.

Mr. Vipin Pal Yadav, Addl. A.G., Punjab.

Mr. Deepak Balyan, Addl. A.G., Haryana.

Mr. Abhinav Sood, Addl. Standing Counsel for U.T., Chandigarh and Ms. Mehndi Singhal, Advocate,

Mr. Gaurav Chopra, Senior Advocate (arguing counsel) with Mr. Shobit Phutela, Advocate,

Ms. Seerat Saldi, Advocate, for respondent No.4-High Court.

Title: DISTRICT BAR ASSOCIATION MALERKOTLA V/S STATE OF PUNJAB AND OTHERS

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