Punjab & Haryana High Court lawyers oppose move to relocate High Court

The Punjab and Haryana High Court Bar Association (PHHCBA)'s General House on Monday unanimously opposed the proposal to shift the High Court from its existing location.

The High Court, located in Sector 1 of Chandigarh, lies within the catchment area of Sukhna Lake and forms part of the Chandigarh Capitol Complex, which holds UNESCO World Heritage status. These factors limit the scope for its expansion at its current location.

At present, there is a proposal to either construct a few additional courtrooms at the existing site, subject to several restrictions, or to shift the High Court to an entirely new location.

PHHCBA's Executive Committee on August 20 unanimously approved a resolution to shift the High Court to Sarangpur village within the Union Territory of Chandigarh, where a new building would be constructed.

However, a Division Bench of Chief Justice Sheel Nagu and Justice Ramesh Kumari on August 22 ordered that the Executive Committee resolution be placed before the General Body of PHHCBA.

PHHCBA's General House met on Monday and opposed the same.

The General House unanimously resolved the following:

1. Punjab & Haryana High Court shall not be shifted to Sarangpur (UT Chandigarh) or any other alternative site under any circumstances.

2. The Bar Association shall make every possible endeavour to secure the de-reservation of the adjoining forest land and to ensure the extension of the High Court at its present location.

3. The Bar Association strongly believes that the continuation of the High Court at its present site is in the best interest of the legal fraternity, litigant public and the administration of justice.

4. Copies of the resolution be forwarded to the the Chief Justice and Companion Judges of the Punjab & Haryana High Court, the Law Minister, Government of India, the Chief Ministers of Punjab and Haryana, and the Administrator of Union Territory of Chandigarh for their kind consideration and necessary action.

Interestingly, Additional Solicitor General Satya Pal Jain had recently written to the Chandigarh Administration that he would try his best to get the forest land adjoining the High Court, towards Court No. 69, de-reserved for the purpose of extension of the High Court.

However, Chandigarh Administration did not agree with the proposal. Department of Forests and Wildlife in a recent affidavit before the High Court said that the land is "eco- fragile lush green patch" of Reserve Forest notified by Chandigarh Administration under Indian Forest Act, 1927.

"It is part Sukhna Lake / Wetland catchment as delineated in the Survey of India map dated 21st Sep, 2004. Proposed forest land is also part of Eco-Sensitive Zone of Sukhna Wildlife Sanctuary notified under Environment (Protection) Act on 18th Jan, 2017," the department said.

However, the administration also said that a new holistic plan with about 2 lakh square feet could be considered at the High Court. It would make the following available:

• 16 Court Rooms;

• Parking for 400 cars in three-level basement;

• Space for admin and judicial branches;

• Space for lawyers chambers;

• Cafeteria.

The proposal is again subject to approval of UNESCO and various other authorities.

According to Chandigarh Administration, if the High Court is shifted to Sarangpur, 140 court rooms can be constructed and total permissible covered area will be 42,38,388 square feet as against the requirement of 31,71,000 square feet projected by the High Court.