[Cites 2, Cited by 0]
Gauhati High Court
Page No.# 1/9 vs The Union Of India And12 Ors on 5 February, 2026
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/9
2015:GAU-AS:15855-DB
GAHC010092182006
2015:GAU-AS:15855-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5873/2006
REGISTRAR GENERAL OF GAUHATI HIGH COURT
REP. BY THE REGISTRAR GENERAL, GUWAHATI, ASSAM.
2: THE ALL ASSAM LAWYERS' ASSOCIATION
REPRESENTED BY ITS GENERAL SECRETARY
VERSUS
THE UNION OF INDIA and12 ORS
REP. BY THE SECY, MINISTRY OF LAW, JUSTICE and COMPANY AFFAIRS,
DEPARTMENT OF JUSTICE, JAISALMER HOUSE, 26, MANSINGH ROAD,
NEW DELHI- 110 011.
2:THE STATE OF ASSAM
REP. BY THE CHIEF SECY
DISPUR
GUWAHATI
ASSAM.
3:NORTH EASTERN COUNCIL
SHILLONG
MEGHALAYA
4:STATE OF ARUNACHAL PRADESH
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ARUNACHAL PRADESH.
5:STATE OF MANIPUR
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
MANIPUR.
6:STATE OF MEGHALAYA
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
MEGHALAYA.
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2015:GAU-AS:15855-DB
7:STATE OF MIZORAM
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
MIZORAM.
8:STATE OF NAGALAND
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
NAGALAND.
9:STATE OF TRIPURA
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
TRIPURA.
10:CHIEF EXECUTIVE MEMBER
KARBI ANGLONG AUTONOMOUS COUNCIL
DIPHU
KARBI ANGLONG
ASSAM
PIN- 782460.
11:CHIEF EXECUTIVE MEMBER
NORTH CACHAR HILLS AUTONOMOUS COUNCIL
HAFLONG
DIMA HASAO
ASSAM
PIN- 788819.
12:CHIEF EXECUTIVE MEMBER
BODOLAND TERRITORIAL COUNCIL
BODOFA NWGWR
KOKRAJHAR
ASSAM
PIN- 783370.
13:SECRETARY TO THE GOVT. OF INDIA
DEPARTMENT OF JUSTICE
NEW DELH
Advocate for the petitioner(s): Registrar Administration In-Person
Joint Registrar, PM&P In-Person
Mr.HK Das
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Standing Counsel, Gauhati High Court
Mr. AK Sarma
Advocate for the respondent(s): Mr. B Gogoi, Addl. Advocate General,
Assam as well as Standing Counsel,
Finance Department, Govt. of Assam
and the PWD, Assam
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
05.02.2026
(Devashis Baruah, J)
Mr. Biswajit Chakraborty, L.R-cum-Secretary to the Govt. of Assam,
Judicial Department is present before this Court pursuant to the order
dated 20.01.2026.
2. Pursuant to the order passed by this Court on 20.01.2026, the
Registry of the Gauhati High Court in consultation with the L.R-cum-
Secretary to the Govt. of Assam, Judicial Department has provided us
four sets of documents, indicating the priority projects. The said sets
are as hereinunder:
(i). Court Building (New)- Priority Projects;
(ii). Residential (New) Priority Works;
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(iii).Residential (Repairing)- Priority Projects;
(iv). Court Building (Repairing)-Priority Projects.
3. In respect to the Court Building (New)- Priority Projects: 137
projects have been enlisted. In respect to Residential (New)-Priority
Works, 52 projects have been enlisted. In respect to Residential
(Repairing) Priority Projects, 57 projects have been enlisted and 64
projects have been enlisted in the sets of documents pertaining to
Court Building (Repairing) Priority Projects.
4. We have duly taken note of the reasons for non-issuance of the
approvals. The reason so assigned in respect to the aforementioned
projects is due to shortage of the budget. We have also taken note of
that these proposals so submitted have been approved by the Building
Infrastructure Committee of the High Court and these proposals have
been forwarded to the Judicial Department, Govt. of Assam for the
administrative approval. These proposals also are of the years 2023,
2024 as well as for 2025.
5. We failed to understand as to why these projects which are
considered to be the priority projects, there is no adequate budget
being made by the State. We have also taken note of the provisions of
Articles 202 to 212 of the Constitution which relates to procedure for
financial matters.
6. We enquired with the L.R-cum-Secretary to the Govt. of Assam,
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Judicial Department as to whether these proposals, which were
forwarded to the Judicial Department of the Government of Assam
and have been enlisted as priority projects have been brought to
notice of the Finance Department so that the same could be included
in the Budget, inasmuch as, in absence of any allocation in the
Budget, the proposals so submitted by the High Court would remain
pending and the resultant effect would be that the proposals remain
merely as proposal for lack of budgetary provision.
7. We would also like to be apprised as to whether Budget
allocations have been made keeping in mind the proposals so
submitted and further as to how Budget allocations are made for the
Judicial Department in respect to the infrastructure projects of the
Gauhati High Court as well as the District Judiciary of Assam
functioning under the Gauhati High Court.
8. We have also enquired with Mr. B Gogoi, the learned Standing
Counsel, Finance Department who is also the Additional Advocate
General, Assam as to how much Budget allocations have been made
for the last 5(five) years to the Judicial Department of the
Government of Assam keeping in note the huge amount for priority
projects have not been accorded the administrative approval on
account of non-availability of the Budget.
9. We have also taken note of that the Budget for the financial year
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2026-27 is yet to be placed by the Finance Minister of the
Government of Assam in the Legislative Assembly. Under such
circumstances, we direct the L.R-cum-Secretary to the Govt. of Assam
in the Judicial Department to forward the proposals of the priority
projects for consideration for inclusion in the proposed Budget for the
year 2026-27 forthwith.
10. We would also like to be apprised from the Finance Department,
Govt. of Assam as to how much Budget has been allocated for the last
5(five) years to the Judicial Department of the Govt. of Assam for
being used in respect to the infrastructure projects pertaining to the
Gauhati High Court as well as the District Judiciary of Assam
functioning under the Gauhati High Court. The same be placed before
this Court by way of an affidavit by the Finance Department, Govt. of
Assam.
11. In the order dated 04.08.2025, we have referred to the judgment
of the Supreme Court in the case of Rajeeb Kalita Vs. Union of
India and Others, reported in 2025 SCC OnLine SC 81 and have
also reproduced paragraph No.11 of the said judgment. In the said
paragraph, more particularly, at Sub-Clause (iv), there is a specific
direction to the State Government to allocate sufficient funds for
construction, maintenance and cleanliness of the toilet facilities within
the Court premises.
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12. We have been informed by the Registrar Administration of the
Gauhati High Court, who is present in person before us that the
annual expenditure for the purpose of maintenance and cleanliness of
the toilet facilities for Gauhati High Court as well as the District
Judiciary of Assam is approximately Rs.1.35 Crores.
13. The Registrar Administration, Gauhati High Court further apprised
us that on account of a cap being put by the Finance Department,
Govt. of Assam of an amount of 2 lacs, it is not only difficult, but it
has become impossible to continue to maintain the toilet facilities. We
are perplexed to learn about the said aspect.
14. Mr. B Gogoi, the learned Additional Advocate General, Assam
appearing on behalf of the Finance Department, however, submitted
that in pursuance to the order passed by this Court in the present writ
petition, a supplementary demand proposal was made by the Judicial
Department to the Finance Department for an amount of Rs.123.84
lacs for the purpose of engaging cleanliness workers in the Court
complexes of Assam. It was also informed that the proposal was not
considered by the Finance Department. It was further mentioned that
there is a Budget provision of 121.01 lacs under the Head of Account
for the financial year 2025-26 and till date the Department has
incurred an expenditure of 1.01220 lacs only and the Department
could utilise for cleanliness work out of the balance fund available
during the current financial year. This communication so issued by the
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Under Secretary to the Government of Assam, Finance (EC-III)
Department, however, does not address the issue as regards putting
the financial cap of Rs.2 lacs. The availability of the budgetary
provision of Rs.121.01 lacs, that too, when the supplementary
demand proposal submitted to the Finance Department was not
considered by the Finance Department requires more elaborations.
The Judicial Department shall provide inputs in that regard.
Considering the above, we, therefore, direct the following:
(i). The Finance Department, Govt. of Assam shall provide
instructions as to how with the cap of Rs.2 lacs maintenance and
cleanliness of the toilet facilities in the Courts can be maintained
for the Gauhati High Court as well as the entire District Judiciary
in the State of Assam wherein the approximate expenses is
Rs.1.35 Crores every year. These instructions be placed before
this Court on 12.02.2026. The Judicial Department shall also
provide instructions pertaining to the availability of Rs.121.01 lacs
for utilization for cleanliness and maintenance of the toilet
facilities in the Court premises though the Supplementary Demand
so made have not been considered by the Finance Department
(ii). This Court directs the L.R-cum-Secretary to the Govt. of
Assam, Judicial Department to forward the proposals which are
put under the priority head in the four sets of documents so
placed before this Court today to the Finance Department, of the
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Govt. of Assam for due consideration for inclusion of the same,
while preparation of the Budget for the year 2026-27.
(iii). We further direct the Finance Department of the
Government of Assam to provide us the details by way of an
affidavit as to how much amount has been allocated in the Budget
in the last 5(five) financial years towards the infrastructure
projects of the Gauhati High Court as well as the District Judiciary
of Assam.
15. The directions as regards Clause (iii) be brought by way of an
affidavit to be filed on or before 25.02.2026.
16. List this matter again on 10.02.2026 at 4.P.M. for an update.
17. A copy of this order be furnished to Mr. B Gogoi, the learned
Additional Advocate General, Assam as well as Mr. HK Das, the
learned Standing Counsel, Gauhati High Court for due information and
compliance.
18. Mr. Biswajit Chakraborty, L.R-cum-Secretary to the Govt. of
Assam, Judicial Department shall be personally present before this
Court on the next date so fixed.
JUDGE JUDGE
Comparing Assistant
