BAR ASSOCIATION OF PORAHAT Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-6-7
HIGH COURT OF JHARKHAND
Decided on June 10,2013

Bar Association Of Porahat Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the parties. We are of the considered opinion that the issue regarding infrastructure of court buildings has not been properly addressed since long and it may be from the beginning itself. Even though during recent past some court buildings were constructed by the State Government, but no care was taken for the litigants' facilities by providing the litigant sheds, water huts, urinals, appropriate arrangement for their cleanliness including cleanliness of the court buildings and surrounding areas, parking space and more importantly, sufficient and suitable chambers/hall for the Advocates.
(2.) THIS Court, in the matter of construction of new High Court building, has already passed the order to provide all these facilities essential for smooth running of the courts which includes providing a counter of the Bank, ATM, Railway Reservation Counter, Post Office etc. However, these facilities are required to be provided according to the need and if there appears to be no pressing need of some of the facilities, then in that situation also, some space is required to be earmarked at the time of construction of the new court buildings so that whenever it is found appropriate, these facilities may be provided without difficulty of getting the land for the purpose referred above. This Court on 16th January, 2013 ordered that the Principal Secretary, Building Construction Department, I.G. (Prison), Finance Secretary as well as the District Judge of Chaibasa may sit together and take a decision by or before 18th February, 2013 in the matter of construction of the court building of that area. In this order dated 16th January, 2013, this Court already ordered that a comprehensive detailed time frame programme may be carved out and the respondents will see that the court building does not mean the court building only but includes all infrastructure necessary for running of the court which includes an appropriate parking space for litigants and advocates as well as for the court staff with adequate space for the water huts, urinals and above all, some accommodation for advocates at the expense of the Government.
(3.) THE above are the essential and inseparable part of the court complex and that is to be provided by the State Government. We may also point out that if the State is not providing these facilities for the courts, then the State is denying the substantial financial aid from the Central Government to the public of the State which is against the interest of the public of the State also. We may also make it clear that all other States are taking the maximum benefit of the financial assistance from the Central Government to benefit public of their State. In this view of the matter, the State Government may submit a detailed project report for construction of the court buildings in various places where sufficient court buildings are not available and if court buildings are available and other infrastructure and other facilities are not available, then by what time they will be providing the facilities.;


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