Himachal high court rules not to shift district court complex



Shimla (July 26): Himachal Pradesh High Court has directed that the district
courts in Shimla shall not be shifted to newly constructed judicial complex at
Chakkar without orders of the high court.

The division bench comprising Chief Justice Kurian Joseph and Justice Sanjay Karol passed these orders on the application of the District Bar Association as the principal secretary (home), failed to file reply to the application despite one month’s time earlier given by the court.

The home department sought further time of two months to file its reply. The court said that it failed to understand the reason behind non-filing of reply, but posted the matter for August 23, 2011 and warned that in case no reply is filed on that date, it shall be presumed that they have no objection to the prayer of District Bar Association.

The District Bar Association, in its application, before the court had alleged that there was no provision for lawyers’ chambers, shifting of District Consumer Forum and other revenue courts in the judicial complex plan, which is detrimental to the interests of the advocates as well as the general public.

They had prayed that all the authorities, tribunals and fora be first made functional and shifted and till then the present district courts be not shifted to the proposed site and sufficient place be made available for lawyers’ chambers and car parking.

The home department, while seeking two months’ further time, submitted that around Rs. 25.10 crore have been spent till date in the construction of the judicial complex. It said that the natural strata for laying foundation was encountered at much lower depth than anticipated earlier during planning stage and this increase in depth of foundation resulted in increase in depth of retaining wall and taking out extra basement floor in about 75percent area of Block ‘B’ and also increase in basement floor of Block ‘A’ from about 20 percent to 60 percent of floor area. Due to increase in floor area and deep foundation, the structural design of the part of building had to be revised.

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  1. A sad decision! Crore of rupees have already been spent for constructing the new complex. May be the govt. should consider shifting of Indian Coffee House to the new complex. Lawyers will follow!!

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