Judicial infrastructure is paramount for justice delivery, with state and union authorities failing to fulfill obligations, necessitating urgent corrective measures.

ORDER :

1. The present matters pertain to a very critical rather an important issue of judicial infrastructure, which not only impacts the discharge of day to day judicial work but is also essential for dispensation of justice in this matter. The Hon’ble Apex Court in the cases of Malik Mazhar Sultan & Anr. Vs. U.P. Public Service Commission & Ors. (Civil Appeal No.1867 of 2006) and Imtiyaz Ahmad Vs. The State of Uttar Pradesh & Ors. (Misc. Application No.2362-2370 in Crl. A. No.254-262/2012) has given certain directions and issued various guidelines, and while following the same, the matters pertaining to various dimensions of creating judicial infrastructure have been adjudicated.

2. Today, the representatives of the Bar highlighted before this Court that despite repeated directions of the Hon’ble Apex Court as well as this Court with regard to the judicial infrastructure, still much remains to be accomplished by the Union of India as well as the State Government. It was pointed out that even after repeated assurances, the needful action for providing adequate infrastructure(s) for the judiciary has not been taken. They further submitted that the creation of new districts has further aggravated the existing problem, inasmuch as the judicial infrastructure which ought to have been provided in advance or at least simultaneously has not been put in place. As a result, the courts in the newly created districts are functioning even without the minimum facilities required for effective discharge of judicial work. Glaring examples of inaction were projected by the Bar from all over Rajasthan, like Jaisalmer, Banswara, Bhilwara, Ajmer etc.

3. This Court asked Dr. Sachin Acharya, learned Senior Advocate assisted by Mr. Chayan Bothra, appearing on behalf of the High Court to furnish the details of the status of land allotment matters, the administrative and financial sanctions required for fresh proposals, the revised administrative and financial sanctions required for under construction projects, the pending matters with regard to various infrastructural facilities and pending matter of lawyers’ hall and advocate chambers.

4. In response to the aforesaid query of the Court, Dr. Sachin Acharya, learned Senior Counsel submitted following summary regarding the aforesaid issues :-

ISSUES IDENTIFIED, WHICH ARE PENDING BEFORE THE STATE GOVERNMENT REGARDING CONSTRUCTION OF COURT COMPLEXES AND RESIDENCES FOR JUDICIAL OFFICERS, LAWYERS’ HALL & CHAMBERS

1. LAND ALLOTMENT MATTERS.

Total 174 land allotment matters for the construction of Court Building and Judicial Officers Residences are pending till 18.08.2025, which are are at [Annexure A. P.No.1-]

In the last meeting of the State Level Committee dated 24.05.2024 [Annexure-B, P.No...]), it was resolved that:-

"....the directions will be issued to all the concerned officials of the State Government by the Chief Secretary to resolve the issues of land for the same within Six months from today."

Even after the lapse of one year, no substantive progress has been observed in the land allotment matters. As of now, total 21 matters of land allotment are pending before various Government Departments at State level, 23 matters are pending at Director Local Bodies, whereas 130 land allotment matters are pending at District Collector level

2. ADMINISTRATIVE AND FINANCIAL SANCTIONS REQUIRED FOR FRESH PROPOSALS

The proposals amounting to Rs. 324.29 Crores for the construction of Court Building and Residences for Judicial Officers are pending before t