HC issues timeline on completion of district courts’ infrastructure

HC issues timeline on completion of district courts’ infrastructure

BUDGAM: The state government on Friday provided details of the ongoing construction work in the district court complexes of Pulwama, Bandipora, Udhampur, Doda and Samba. The details were furnished before the high court.
The court was informed that the district court at Pulwama is ‘virtually complete’ and by the end of March, 2018 it will be made operational. The district court at Udhampur has been completed and it will be made operational by the end of this month.
The construction of lawyer’s chamber at district court Ramnagar is in process and it would be completed by the end of December, 2017 to make it operational. The district courts at Doda and Samba are at final stages and they are expected to be operational in November and December of this year.
Meanwhile, the construction of Bandipora court complex is concerned, the court was informed that acquisition of 28 kanals of land is in process wherein land owners of 22 kanals and 7 marlas have accepted Rs 21 lakh per kanal but with respect to other 5 kanals of land required, the land owners are yet to negotiate on rates though we have offered them Rs 25 lakhs per kanal.
Hearing the PIL, the division bench headed by chief Justice Badar Durrez and Justice Ali Mohammad Magrey remarked that all court complexes should be completed within a time frame. Regarding the construction of district court complex at Bandipora, the court said a final negotiation be made with land owners on acquiring of 5 kanals of land and in case it fails, the land will be acquired under provisions of law. The report should be submitted within two weeks.
The court also directed that with regard to construction of additional sessions court at Handwara, modified drawings were sent for the proposal. The report about the construction process should be done in week’s time and the proposal is likely going to take 18 months for completion.
Direction was also passed to M I Dar, additional advocate general to file a detailed Project report of pending court complexes on the next date of hearing.
Meanwhile, the court granted final opportunity to the government for implementing the observations of Supreme Court guidelines on regularization of daily wagers in judiciary and directed finance department to clear the issue at an earliest and observed that people were working on daily basis for more than 10 years.
The court asked the state counsel to come up with the solution of the requirement of additional staff in judiciary and the issue of the daily wagers of high court and subordinate courts in keeping with the observation made by the Supreme Court.
“The need to facilitate the proper functioning of the high court and the district courts, judiciary is a constitutional necessity which imposes a non-negotiable obligation on the State Government to create an adequate number of posts and to provide sufficient infrastructure,” SC had observed.
The apex court observation had come after it castigated the State Government for employing people on a daily wage basis. The State Government had informed SC that an empowered committee has been constituted on August 19, 2015 to enquire into the issue of creating posts for the regularization of around 61000 daily rated and casual workers working in various departments. These include workers on the establishment of the High Court and the district courts.
In a Special Leave Petition, the state government had approached the apex court against a High Court order on regularization of 209 daily wagers in the judiciary.
The High Court expressed displeasure over disregard by the state government to the apex court’s observation. “These daily wagers in HC have been appointed because you don’t sanction regular posts on time.
These daily wagers are being engaged to meet the exigency of work,” the court observed and asked the state to clear the issue at an earliest.


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