SC directs Uttarakhand govt to grant possession of land for new HC building in Haldwani

New Delhi, Jul 15 (PTI) The Supreme Court on Wednesday directed the Uttarakhand government to grant possession of land in Haldwani within six weeks for the construction of a new high court building and creating other requisite infrastructure. A bench comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and V Mohana asked the state government to issue notification in this regard. The top court also set aside 2024 order passed by the high court which asked the state government to find the "best suitable land" outside the hill town of Nainital for constructing the new building. "The high court has no business to pass such orders on the judicial side. Such issues are not taken in judicial proceedings. The high court order is set aside. The High Court of Uttarakhand on the administrative side in consultation with state govt resolve the infrastructural issues. "We are informed that the state government has earmarked a land for the construction of the high court in district Haldwani. Let it proceed with all clearances on 'as is, where is' basis within six weeks and let the land be handed over to the high court," the bench said. During the hearing, Additional Solicitor General KM Nataraj, appearing for the high court, informed that the state government has earmarked land in Haldwani for the new building. After Uttarakhand was carved out of Uttar Pradesh, the principal seat of the High Court of Uttarakhand was set up in Nainital and it has been functioning from there since November 9, 2000. The High Court Bar Association had moved the apex court challenging the order. "The decision impugned herein is legally impermissible and is totally against the overall welfare of the state of Uttarakhand in as much as the high court has failed to consider the legislative intent in placing the highest seat of the judiciary of the state at Nainital resulting in passing of the impugned order," the bar body had said in its plea. The high court has also issued directions for conducting an opinion poll involving advocates in the state, litigants and the general public on the issue which is not practically possible and is unheard of, it said. The high court had said in its order when Uttarakhand was created the sanctioned strength of the court was only of three judges. "Within 20 years, the strength has gone up to 11. In the next 50 years, the strength is likely to go up at least eight times. So, within next 50 years we need land for 80 judges. So, we are giving direction to the chief secretary to apply her mind to the above directions," it had said. "The chief secretary, government of Uttarakhand is directed to locate the best suitable land for establishment of high court, for residential accommodation for judges, judicial officers, staff, court rooms, conference hall, chambers for at least 7,000 lawyers, canteen, parking place, etc. and it has good medical facilities in the area and good connectivity. This entire exercise shall be completed by the chief secretary within a month and the chief secretary shall submit her report to this court...," it had said. PTI PKS SJK ZMN