Judges' quarters needed for judicial independence: Karnataka HC dismisses PIL against land transfer

The Karnataka High Court on Friday dismissed a public interest litigation (PIL) petition challenging the transfer of land belonging to a veterinary college for the construction of residential quarters for High Court Judges [Karnataka Veterinary Association v State of Karnataka]..A Division Bench comprising Justices DK Singh and TM Nadaf observed that facilities such as official housing, transport, libraries and related allowances are essential to independence and efficacy of the Courts.The independence of the judiciary itself is a fundamental, basic structure feature of the Constitution and the service conditions of High Court judges, including housing, are part of the framework that sustains judicial independence, the Court added. "The Judges of the High Court and Supreme Court are entitled for fully furnished official accommodations, which is embedded in the Judge's service conditions and essential facilities necessary to secure judicial independence ... It is the duty of the State to provide fully furnished official accommodation, befitting the stature of the constitutional authority of Judges of the High Court," the Court went on to hold. .The Bench also noted that presently only 19 High Court judges could be allotted official accommodation."Only 19 official residences are available to the High Court judges against the strength of 62 Judges, several Judges are living in rented accommodation not befitting the stature of a constitutional authority like High Court Judge," the June 12 judgment said..The Court was hearing a PIL challenging a government order that directed the transfer of seven acres of land from the Karnataka Veterinary Animal and Fisheries Science University (KVAFSU) for the construction of residential quarters for High Court judges and for the construction of a hospital. The PIL was filed by the Karnataka Veterinary Association, the Bangalore Veterinary College Alumni Association, the Senior Veterinarians' Association and the Dairy Science College Alumni Association.The petitioners contended the land transfer would result in a shortfall of land and risk the de-recognition of the veterinary college. It was argued that the shortage of land would reduce the ranking of KVAFSU, leading to a decline in funding from the Veterinary Council of India..The Court, however, found that the four acres of land allotted for building the judicial quarters was excess land. Such land transfer would not affect the functioning of the Karnataka Veterinary Animal and Fisheries Science University (KVAFSU) in any way, the Court held. Rather, such land transfer would help maintain the independence of the judiciary, and further the larger public interest, the Court said."We do not find that the allotment of 4 acres of land which is adjacent to Nyayagrama in any manner will impede or is against the public interest, but it is in furtherance of the larger public interest i.e., to ensure the independence of the Judiciary which is the basic foundation of the Constitution."Similarly, the Court also dismissed a challenge to the transfer of three acres of college land for the construction of a superspecialty hospital."When the respondent No.4-College has huge excess land than what is required at the present, 3 acres of land allotted to construct the Super-Specialty Hospital for general public cannot be termed to be against the public interest. In fact, the larger public interest would be served by having a Super-Speciality Hospital for general public by the State," the Court pointed out..Senior Advocate KN Phanindra and Advocate Vikram H Bhat appeared for the petitioners. Additional Government Advocate MN Sudev Hegde represented the State authorities.Advocate J Prashanth appeared for KVAFSU.The High Court of Karnataka (administrative side) was represented by Senior Advocate Prabhuling K Navadgi and Advocate BV Vidyulatha. .[Read Order]