STATE OF JAMMU AND KASHMIR & ORS Vs. DISTRICT BAR ASSOCIATION, BANDIPORA
LAWS(SC)-2016-12-14
SUPREME COURT OF INDIA
Decided on December 08,2016

State Of Jammu And Kashmir And Ors Appellant
VERSUS
District Bar Association, Bandipora Respondents

JUDGEMENT

D.Y.CHANDRACHUD,J. - (1.) Delay condoned. Leave granted.
(2.) The State of Jammu and Kashmir seeks to challenge the orders dated 1 December 2015 and 10 August 2016 of a Division Bench of the High Court in a Public Interest Litigation instituted by the District Bar Association, Bandipora. The grievance of the Bar Association was that since the creation of the district of Bandipora in 2007, the Sessions Court has been housed in a building which used to be a part of the Munsif's Court Complex. The Principal District and Sessions Judge, Chief Judicial Magistrate and Munsif discharge their judicial functions in a building which lacks basic amenities. On 30 November 2013 during the course of a mega Lok Adalat, the Administrative Judge expressed the view that a suitable plot of land is urgently required for the District Court. This was communicated by the Additional Deputy Commissioner to the Tehsildar on 30 November 2013. A direction was sought for the transfer of certain land which is stated to have been earmarked for the construction of the District Court Complex or, in the alternative, for the provision of a suitable site. Provision of proper amenities was sought.
(3.) During the course of the hearing of the Public Interest Litigation, the Division Bench noted in an order dated 7 October 2015 that an application had been filed by the daily rated workers engaged in the High Court at Srinagar (MP1/2015). The Advocate General informed the Division Bench that a direction had been issued by a co-ordinate Bench in a writ petition filed by the daily rated workers requiring the State to file its response.;


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