No Permanent Perch: Delhi HC Denies Associate Lawyer Vested Rights to Senior's Chamber

In a crisp ruling that underscores the limits of permissive use in professional spaces, the Delhi High Court dismissed a writ petition by lawyer Anju Tanwar challenging her eviction from Chamber No. 570 at Saket Courts. Justice Purushaindra Kumar Kaurav upheld the Lawyers Chambers Allotment Committee's (CAC) decision, affirming that Tanwar, as an associate of original allottee Rajesh Nayan, held no legal claim to stay.

From Associate Desk to Eviction Notice

The dispute centered on Chamber No. 570, officially allotted to lawyers Rabinder Mohanty and Rajesh Nayan per CAC minutes. Tanwar, allowed to use the space as Nayan's associate, faced vacation orders from the committee. She filed W.P.(C) 4237/2026 under Article 226, seeking to retain possession, cancel the allotment to the seniors, and recover payments allegedly made to them. The case, heard on March 30, 2026, highlighted tensions in Delhi's lawyer chamber allotments amid scarce resources.

Petitioner's Pushback: Payments and Promises

Tanwar argued she had invested financially in the chamber by paying the original allottees, implying a de facto right to continued use. She urged the court to quash the CAC's directive and probe potential violations by Mohanty and Nayan, including unauthorized sub-letting. Her counsel, Nitesh Mehra, pressed for interference, framing her as more than a transient user.

No representations came from the respondents, leaving the CAC's stance unchallenged in court. Reports from legal portals noted Tanwar's claim of associate status but emphasized the committee's view of her as a "mere permissive user."

Court's Clear Line: No Policy, No Right

Justice Kaurav meticulously reviewed CAC records, finding no rule, regulation, or policy granting associates automatic rights to allotted chambers. Drawing on administrative law principles governing judicial review, the court refused to supplant the committee's expertise. Notably, no precedents were invoked, as the ruling hinged on the absence of any empowering framework.

The bench distinguished permissive use from ownership, stressing that allotments are personal and non-transferable. On sub-letting, the judge observed the original allottees lacked authority to monetize the space, invalidating Tanwar's payment claims in this forum.

Key Observations Straight from the Bench

  • On her status : "The petitioner was allowed to use the aforesaid Chamber as an associate of Mr. Rajesh Nayan . The CAC, therefore, rightly concluded that the petitioner was merely a permissive user of the Chamber."

  • No legal entitlement : "In the absence of there being any policy/rule/regulation entitling the petitioner, there is no vested right in favour of the petitioner to use the Chamber."

  • Limits of writ jurisdiction : "The said aspect cannot be looked into by this Court in exercise of its powers under Article 226 of the Constitution of India ."

  • Sub-letting taboo : "Even otherwise, it be noted that the original allottees were not empowered to sub-let the Chamber."

Final Call: Petition Disposed, Remedies Redirected

"The Court is unable to interfere with the decision taken by the CAC," Justice Kaurav ruled, disposing of the petition. Tanwar was advised to pursue civil remedies for her payments or damages separately. On her plea to cancel the allotment (Prayer 'b'), the CAC must investigate any breaches by Mohanty and Nayan, triggering "necessary consequences" if violations are found.

This decision reinforces CAC authority in managing Delhi court chambers, signaling to associates that permissive access doesn't evolve into vested interests. It may deter informal sub-arrangements, pushing transparency in allotments and prompting quicker recovery suits for aggrieved lawyers.