BAR ASSOCIATION Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2020-2-9
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on February 06,2020

BAR ASSOCIATION Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) The matter comes up on an application (No.01/2020) seeking modification of the order dated 02.09.2019 passed by this Court in this matter.
(2.) The relevant portion of the aforementioned order dated 02.09.2019 reads as under: "This Court is of the opinion that having regard to the geographical disbursement of various courts (338 complexes in 35 Districts) and the dynamic nature of building and construction needed, it is appropriate that the State Government in consultation with the High Court should evolve a common building standard for each type of the Court (Civil Court, Criminal Court, Sessions Court, Family Court, Labour Court and Motor Vehicles Accidents Claim Tribunal) and the Court should ideally spell out the minimum requirement having regard to the footfalls (average total people visiting the Court each day) that the concerned Courts might experience on a daily basis and the facilities needed for that purpose:- (a) Adequate size Court Rooms and Judges Chambers (b) Library (c) Bar Rooms (d) Separate ladies bar room (e) Adequate toilets (both men and women) (f) Canteen (g) Waiting areas for litigants (h) Provision for water (i) Bar library (j) Space for ADR (Lok Adalat/Mediation) (k) Typing facilities (l) Police lock-ups - wherever required (m) Provisions like ramps, lifts and specially constructed toilets, tactile flooring etc. to ensure that buildings are disabled friendly (n) Corridors of sufficient width to be used for sitting, waiting etc. (o) Fire safety designs (p) Separate server rooms (q) Adequate space for staff and registry (r) Adequate space for record rooms. While evolving such building standards the High Court should set up a Committee comprising of at least two construction Engineers/Architects - (one should be from the Government); one representative of the Bar; one representative from the District judiciary; one inhouse expert in regard to digitization and computerization. The building standard should also mandatorily include facilities (for ensuring that the buildings incorporate tactile flooring, construction of ramps, provision of lifts and separate toilets for disabled people). The High Court should take steps in consultation with the State Government and all other State authorities to set up a Committee for this purpose. After evolving of such standards, the same shall be incorporated in the Building Code to be used for all future purposes while constructing Court buildings by the State Agency such as PWD or any other public sector corporation. The Committee should be constituted expeditiously, preferably within six weeks. List on 01.11.2019."
(3.) The main ground for seeking modification of the order dated 02.09.2019 passed by this Court, as mentioned in the application, is that there are already three committees for infrastructure purposes, namely,- (i) Building Committee for Principal Seat at Jodhpur and Subordinate Courts; (ii) Building Committee for Rajasthan High Court, Jaipur; and (iii) State Court Management Systems Committee (SCMS) and State Court Development and Plan Committee (SCDPC) in the alike field, to consider the matter relating to construction in general and to look into all the aspects relating to court building and residences for judicial officers in the subordinate courts and to examine the availability and condition of the existing subordinate court buildings, residences for judicial officers and to prepare a road map to fulfil the present deficiency and to cater future requirements. ;


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