SCBA cannot assert entire right over SC land for constructing lawyers' chambers: Apex court

The top court said these are matters to be decided on administrative side after consulting all stakeholders

The Supreme Court on Thursday said the Bar Association cannot assert a right to the entirety of the land measuring 1.33 acres, allotted by the Centre for the apex court archives, for converting it into a chamber block for lawyers.

A bench of Chief Justice D Y Chandrachud and Justices Sanjay Kishan Kaul and P S Narasimha said the top court discharged both judicial and administrative functions implicating diverse stakeholders including lawyers, litigants and the staff.

“A holistic view has to be taken on the allocation of available resources by balancing the needs of stakeholders both for the present and the future. These are matters which cannot be resolved by the application of judicial standards and have to be taken up on the administrative side of the Supreme Court. Administrative functioning and decision-making, which the current issue requires, cannot be moved to the judicial side,” the bench said.

The SC Bar Association had filed a writ petition for a direction to convert a land measuring 1.33 acres allotted to the top court for the construction of lawyers' chambers.

The court also rejected a plea to convert the entire area around Supreme Court as a Supreme Court block so that all buildings across it on Bhagwan Das Road can be utilised for conversion to lawyers’ chambers, and also allotment of a government bungalow presently occupied by the Foreign Correspondents’ Club to the SCBA.

The bench said the Supreme Court of India on its administrative side can take appropriate decisions bearing in mind the needs of the institution for the present and the future and the interest of all stakeholders.