Delhi High Court
Sapna Sinha And Ors vs Govt. Of Nct Through Chief ... on 30 October, 2017
$~23 & 24
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision : 30th October, 2017
+ W.P.(C) 765/2013 & CM No.1470/2013
SAPNA SINHA AND ORS ..... Petitioners
Through : Mr. Ajay Loraiya, Adv. along
with the petitioners in person.
versus
GOVT. OF NCT THROUGH CHIEF SECRETARY
AND ORS ..... Respondents
Through : Mr. Rajeshwar Dagar, Adv.
Hony. Secretary DCBA.
+ W.P.(C) 812/2014
RAJESH RAI ..... Petitioner
Through : Mr. Ajay Loraiya, Adv. along
with the petitioner in person.
versus
DISTRICT JUDGE & ORS. ..... Respondents
Through : Mr. Rajeshwar Dagar, Adv.
Hony. Secretary DCBA.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. The instant petitions relate to allotment of chambers in the
District Courts at Dwarka, New Delhi. The writ petitions have been
filed by lawyers who have been denied allotment by virtue of
formulation of the District Courts Dwarka Lawyers Chambers
(Allotment & Occupancy) Rules, 2009 (hereafter 'Allotment Rules').
The petitioners have challenged the legality and validity of Rule 4
thereunder contending that the same is in violation of the specific order
dated 22nd October 2008 passed by a Division Bench of this Court in
Writ Petition (Civil) No.7317/2008, District Court Bar Association,
Dwarka Vs. Bar Council of Delhi & Anr. This order records the
agreement by the parties that elections to the Dwarka Bar Association
needed to be conducted and held freely and fairly. With the consensus
of the parties, the court inter alia made the following directions in the
said order :
"3. The conditions stipulated in the application form of
giving concessions to the members of the New Delhi Bar
Association will not applicable. All persons who seek
membership of Dwarka Court Bar Association would pay
the same enrolment fee of Rs.600/-plus annual subscription
of Rs.600/- payable in advance. The enrolment fee and
subscription fee will be the same for all applicants except
that advocates enrolled after 01.01.2004 would have to pay
an enrolment fee of Rs.100/-, the subscription fee shall
remain the same i.e. Rs.600/- per year.
4. It is further clarified that the forms as existing shall
be utilised for the purpose of applying for membership of
Dwarka Court, Bar Association, however, the contents of
serial No.5, 7, 9, 10 and 11 of the said form shall not be
considered for any other purpose including the allotment of
chamber.
5. It is agreed by all the parties that these petitions and
the applications for membership pertain to the grant of
membership and conduct of elections and are in no way
connected with the allotment of chambers. After the
elections are over, the members of Dwarka Court Bar
Association shall be required to fill in new forms which will
not have references to any particular Bar Association. The
parties agreed that a form similar to the one used for New
Rohini Court Bar Association may be used with suitable
modification.
2. We are informed that despite the mandate of the order dated 22nd
October, 2008, in violation thereof, the committee of the respondents
drafted the "District Courts, Dwarka, Lawyer Chamber (Allotment &
Occupancy) Rules 2009" containing the impugned Rules 3 to 5 which
read as follows:
"3. The chambers will be allotted on double occupancy
basis i.e. one chamber to two advocates who are practicing
effectively in the Dwarka District Courts and who are the
members of the Dwarka Courts Bar Association (founder
members will be given preference) and are permanent
residents of the National Capital Territory of Delhi shall be
considered eligible for allotment of Chambers as per
criteria laid down by the District Judge, Dwarka Courts, in
consultation with the Allotment Committee from time to
time.
4. The Allotment Committee, while making
recommendations for initial allotments, shall have regard
to the list of the eligible advocates including its order of
seniority, to be prepared on the basis of enrolment of the
member with Bar Council of Delhi & the membership of
applicant/member with New Delhi Bar Association (Patiala
House) & Delhi Bar Association (Tis Hazari), that may be
supplied to it by the Dwarka Courts Bar Association.
5. Notwithstanding anything contained in Rule 4, the
District Judge, Dwarka Courts in consultation with the
Allotment Committee may make out of turn allotment to
advocates who are retired judicial Officers from Delhi &
Advocates who are physically handicapped or are
otherwise deserving provided they are otherwise eligible.
For this category, five (5) chambers shall be ear-marked
which shall be kept at the disposal of the District Judge,
Dwarka Courts, New Delhi for allotment to the deserving
applicants under this criteria."
3. Inasmuch as the respondent No.1 is purporting to make
allotment pursuant to said rules, a challenge was laid by way of Writ
Petition No.3819/2010 titled as Nisha Sethi Sudan Vs. GNCTD & Ors.
which was disposed of on 26th July, 2012 by the court observing as
follows :
"We have heard these matters at some length. All relate to
allotment of lawyers' chambers at the Dwarka Court
Complex. After having considered the arguments advanced
on behalf of the petitioners, the Chamber Allotment
Committee as also on behalf of the District and Sessions
Judge, we feel that each case of the petitioners should be
reconsidered by the Chamber Allotment Committee and a
speaking order be passed thereon giving reasons as to why
they would be allotted/not allotted lawyer's chambers at
the Dwarka Court Complex. The Allotment Committee shall
also examine the decision of the Division Bench in the case
of District Court Bar Association Dwarka Vs. Bar Council
of Delhi and Anr. WP(C) No. 7317/2008, decided on
22.10.2008 and the connected writ petition being WP (C)
No. 7388/2008, while arriving at the decision.
This exercise be concluded within three months. If
any person is aggrieved by the decision of the Chamber
Allotment Committee, liberty is granted to him/her to
approach this court".
(Emphasis by us)
4. These writ petitions were filed by the petitioners complaining
that despite the order dated 26th July, 2010 passed in a batch of writ
petitions, identified by the lead writ petition, which was numbered as
WP(C)No.3819/2010, Nisha Sethi Sudan vs. Govt. of NCT of Delhi
& Ors., and the judgment dated 22nd October, 2008 passed in
WP(C)No.7317/2008, District Court Bar Association Dwarka vs. Bar
Council of Delhi & Anr., the respondents have proceeded to allot
chambers in the Dwarka Court Complex contrary to the directions
made therein.
5. In WP(C)No.765/2013, Sapna Sinha & Ors. vs. Govt. of NCT
Through Chief Secretary & Ors., the following prayers have been
made by the writ petitioners :
"a. to pass appropriate writ, directions or orders thereby
set aside rule 4 of the Allotment of Chambers rules 2009
(Annx P-4 page 44) and further modify it to the extent that
seniority for allotment of chambers be reckoned from the
seniority with the Bar Council of Delhi ;
b. to set aside and modify the clause 4 of the Chamber
Allotment Rules, 2009 to the extent of removing the doubt
and scope of misinterpretation of any condition of
reckoning the seniority for eligibility from the date of
membership with Delhi Bar Association and New Delhi Bar
Association ;
c. to direct the Respondent no.2 to reserve half
chamber for the present petitioner till the pendency and
disposal of the present petition.
d. to pass any other and further order than may deem
fit and appropriate in this context may also kindly be
passed in favour of petitioner."
6. Upon a prima facie consideration of the matter, by the order
dated 8th February, 2013, this court directed maintenance of status quo
as obtained on that date vis-a-vis chambers which had not been
allotted as yet by the respondent nos.2 and 3.
7. We are informed that in view of the order dated 8th February,
2013, allotment of vacant chambers had not been effected. In these
matters, on 15th May, 2017, we had observed that Rules 3 to 5 of the
above extracted allotment rules were in violation of the specific
directives contained in the order dated 22nd October, 2008.
8. Consequently, by the order dated 15th May, 2017, we had
directed the District Judge, Dwarka - respondent no.2 herein to
examine Rules 3 to 5 of the Allotment Rules and to ensure that they
were brought in conformity with the specific directions contained in
the order dated 22nd October, 2008.
9. Further directions were passed to the District Judge to conduct a
physical inspection of the chambers and to prepare a list of persons to
whom chambers had been allotted giving the details of (i) name and
address of the advocate as on the date of allotment (ii) date of the
enrolment with Delhi Bar Council (iii) date of membership of the
Dwarka Court Bar Association and (iv) the details of documents
supporting the date of membership of the Dwarka Court Bar
Association.
10. We had directed the District Judge to report to this court
regarding the position of occupancy as well as the date(s) of sanction
of electricity connection.
11. Certain typographical errors were corrected by the subsequent
order dated 26th May, 2017.
12. Today a report dated 16th October, 2017 has been placed by the
office of the District and Sessions Judge (South-West), Dwarka
Courts, New Delhi.
13. In compliance, the Building Maintenance and Construction
Committee (Dwarka Court Complex) vide its minutes of the meeting
dated 13th September, 2017 approved the modification in Rules 3 to 5
of the District Courts, Dwarka, Lawyers Chambers (Allotment and
Occupancy) Rules, 2009. The same has been placed before us along
with the status report dated 4th July, 2017 as pointed out in the report
dated 16th October, 2017.
In view thereof, there does not appear to be any further
objection so far as rules being in compliance and conformity with the
order dated 22nd October, 2008 in WP(C)No.7317/2008 are concerned.
14. Ld. counsel for the respondent no.2 submits that between 15 to
20 allottees have surrendered their allotment. As such, in addition to
unallotted chambers, these chambers would also be available for
allotment. We are further informed that some allottees have since
expired.
15. After the inspection, the ld. District and Sessions Judge (South-
West) had submitted a report under the cover of letter dated 16 th
September, 2017 informing us as follows :
S.No. Particulars Number
of Slots
1 Total number of slots 618
allotted/occupied as on date.
3 Total number of slots reserved for 09
retd. Judicial officers/etc.
applications for surrender have been
received.
Allottees are stated to have expired.
7 Total number of slots found locked 16
or not functional.
16. Undoubtedly, interdiction of allotments would serve no
useful purpose and would prejudice the practicing lawyers.
17. Mr. Ajay Laroia, ld. counsel for the petitioners has drawn our
attention to the two lists which have been filed along with counter
affidavit dated 13th February, 2013 on behalf of the District Judge
(Dwarka) enclosing final list of seniority of members for allotment of
chambers dated 29th April, 2010 and second list of 65 members who
are stated to have been submitted their applications for chambers after
the cut-off date.
18. Needless to say, the allotments of the chambers have to be
effected in accordance with the amended rules and the names of all
persons mentioned in the above lists, who have not been allotted
chambers so far, would require to be included for consideration of
allotments while doing so.
19. Inasmuch as allotments have been effected till the interdiction
in terms of said order dated 22nd October, 2008, we are not inclined to
disturb the status of those allotments.
20. In view of the above, these writ petitions and pending
applications are disposed of with the following directions :
(i) The respondents shall strictly abide by the District Courts,
Dwarka, Lawyers Chambers (Allotment & Occupancy) Rules, 2009
while effecting all allotments of the vacant chambers.
(ii) So far as unutilized chambers are concerned, steps shall be
taken for cancellation of the unutilized chambers after issuance of
notice to show cause to the allottees and giving them an opportunity to
make representations in such regard.
Dasti to parties.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
OCTOBER 30, 2017
mk
