Karnataka High Court
ADVOCATES ASSOCIATION, BANGALORE - Appellant
Versus
CHIEF MINISTER, GOVERNMENT OF KARNATAKA, bangalore - Respondent
Decided On : 06-11-96
( 1 ) THIS petition is presented by the Advocates' Association, bangalore, which is a premier association of Advocates in karnataka State (which is hereinafter referred to as the 'association') The petitioner-Association has sought for a direction to the respondents to demolish the existing old building of the Association and to construct in its place a new building at the premises of the City Civil Court Complex, Bangalore.
( 2 ) FEW facts which are relevant for the disposal of this petition as set out by the parties may be briefly stated as hereunder: the case of the Association is that it is a unique association in the State of Karnataka and out of about 22,000 Advocates in the state, about 8,000 Advocates who are practising in various courts including the High Court of Karnataka, at Bangalore, are its members and the present premises in occupation of the association which is located at City Civil Court Complex is a very old building constructed more than 100 years ago, that it is in a dilapidated condition and the accommodation available in the said building can hardly be sufficient to accommodate little over 100 Advocates; and since the membership of the Association for the last one decade has been increasing rapidly, the present accommodation available is totally insufficient and also totally unsuitable and minimum facilities required by its members for discharge of their professional duties which they owe to the litigant public and also to the Courts are not available.
( 3 ) IT is the further case of the Association that taking all these factors into consideration, the then Hon'ble Chief Justice of karnataka impressed upon the 4th respondent i. e. , State of karnataka to demolish the existing building and put up a new building in its place which would satisfy the minimum requirements of the Association. The respondents having been fully satisfied about the genuine heed for accommodation for the association, made a firm commitment in the meeting held in the chambers of the Hon'ble Chief Justice of Karnataka and pursuant to that commitment necessary drawings prepared by the Chief Architect of the State was sent along with the line estimate for Rs. 475 lakhs to the Registrar General, High Court of Karnataka. In support of this statement, the petitioner-Association had relied upon the letter dated 6th May, 1993, the copy of which has been produced as Annexure-A to this petition, addressed by the Registrar General, High Court of karnataka to the Secretary to Government, Department of Law and Parliamentary Affairs, Bangalore. It is useful to quote the said letter which reads as follows:"high Court of Karnataka, high Court Buildings, bangalore-560 001. Dated: 6-5-1993. LCA. IV. 248/80 (HCA-II) from: the Registrar, high Court of Karnataka, bangalore to the Secretary to Government department of Law and Parliamentary Affairs vidhana Soudha, Bangalore subject Construction of Bar Association building in the city Civil Court Complex premises, Bangalore- line estimate Administrative approval reg. * * * with reference to the above subject, I am directed to forward herewith the plan and line estimate amounting to rs. 475. 00 lakhs based on the drawing Nos. 9401/1 to 9 prepared by the Chief Architect to Government, Bangalore, for construction of Bar Association building in the City civil Court Complex, at Bangalore, which comprises of basement floor, ground floor, first floor, second floor, third floor, fourth floor, each having an area of 1561. 15 sq. mts. , received from the Chief Engineer, C and B (South), bangalore, and to state that the High Court has considered the request of the Bar Association and is of the opinion that providing accommodation to the Bar Association as per the above drawing is of immediate necessity. The said work is not included in the printed budged estimate for 1993-94. I am, therefore, to request you kindly to take immediate action to accord administrative approval to the above line
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