SUPREME COURT BAR ASSOCIATION versus MINISTRY OF URBAN DEVELOPMENT & ORS.

SUPREME COURT BAR ASSOCIATION versus MINISTRY OF URBAN DEVELOPMENT & ORS.

The writ petitions under Article 32 seeking directions to convert the entirety of the 1.33 acres (and other surrounding properties) into chamber blocks for lawyers were refused as inappropriate for determination on the judicial side; the Court held that such matters of change of land use and allocation must be addressed on the administrative side of the Supreme Court, with consultation of stakeholders, and left the issue to administrative decision-making.

Parties
Petitioner: Supreme Court Bar Association; Respondent: Ministry of Urban Development & Ors.
Jurisdiction
India
Judgment Date
23 March 2023
Procedural Posture
Writ Petition (c) Under Article 32 / Disposed
Outcome
Writ petitions disposed; reliefs under Article 32 refused and matter left to the administrative side of the Supreme Court
Legal Topics
Article 32, Writ of Mandamus, Change of Land Use, Allocation of Institutional Resources, Judicial V. Administrative Functions
Constitutional Law Administrative Law Land Use / Property Law Article 32 Writ of Mandamus Change of Land Use Allocation of Institutional Resources Judicial V. Administrative Functions

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Parties

Supreme Court Bar Association

Petitioner

Ministry of Urban Development & Ors.

Respondent

Procedural Posture

Writ Petition (c) Under Article 32 / Disposed

Legal Issues

  1. 1 Whether the Court should direct conversion of land allotted to the Supreme Court into chamber blocks for lawyers
  2. 2 Whether issues of change of land use and allocation of resources allotted to the Supreme Court are justiciable under Article 32 or are to be decided on the administrative side
  3. 3 Whether SCBA can claim entitlement to the entirety of the 1.33 acres allotted for Supreme Court archives

Ratio Decidendi

The writ petitions under Article 32 seeking directions to convert the entirety of the 1.33 acres (and other surrounding properties) into chamber blocks for lawyers were refused as inappropriate for determination on the judicial side; the Court held that such matters of change of land use and allocation must be addressed on the administrative side of the Supreme Court, with consultation of stakeholders, and left the issue to administrative decision-making.

Court Disposition

Writ petitions disposed; reliefs under Article 32 refused and matter left to the administrative side of the Supreme Court

Orders

  • Writ petitions disposed of
  • Left open to the Supreme Court on its administrative side to take appropriate decisions regarding use of the land and related allocations