Supreme Court Halts Relocation of Uttarakhand High Court Building

The Supreme Court on Friday stayed the Uttarakhand High Court's order directing the state government to find land outside Nainital for a new HC building. The original order had called for the land selection within a month. The SC's stay follows pleas from the High Court Bar Association and solicitors.

The Supreme Court on Friday stayed an order of the Uttarakhand High Court asking the state government to find "the best suitable land" outside the hill town of Nainital for constructing a new HC building and creating other requisite infrastructure.

The high court had on May 8 directed the state's chief secretary to complete the exercise of identifying the land within a month and submit a report to it by June 7.

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.

A vacation bench of Justices PS Narasimha and Sanjay Karol took note of the plea of the High Court Bar Association and heard submissions of lawyers including Solicitor General Tushar Mehta on the issue.

The bench issued notice on the plea of the bar body and stayed the operation of the high court's May 8 order.

The establishment of new benches of a high court is in the domain of Parliament and the impugned order directs the state government to undergo an administrative exercise to finalise land like a referendum, Mehta said.

Senior advocate Siddharth Luthra opposed his submission and said there should not be a stay on the exercise as there was a pressing need to set up the high court premises outside Nainital.

Lawyer Vipin Nair appeared for the high court bar body and assailed the HC direction.

The bench directed listing of the bar body's plea for further proceedings after the summer vacation.

"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 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 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 by 07.06.2024," it had said.

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