Lawyers chamber--Allotment of a chamber to a lawyer cannot be regarded as an fundamental right--It is only a facility.

Vijender Jain, J.

1. This is a petition where small number of lawyers, though members of the District Bar Association, Hisar have formed a separate association for seeking allotment of land for construction of chambers for their association only and thus acting against the interest of the majority of the members of the entire Bar, which in our opinion, is not in the collective interest of the legal fraternity as well as litigants thronging the Courts and thus administration of justice.

2. Facts in brief are that around 200 lawyers practising at District Hisar, who are members of the District Bar Association, Hisar, formed a Lawyers Chambers Welfare Association, Hisar (for short Association). The Association seeking construction of chambers got itself registered and applied for the aforesaid relief, to the government. The case was processed by the District Administration and recommended for allotment of required land for construction of lawyers chambers for the members of the Association. It appears that the matter had gone to the extent of signing an agreement on 15.12.2003 between the District Administration and Association, through its President, when a complaint dated 17.12.2003 was made by the District Bar Association, Hisar that the said Association, who had got no connection with the District Bar Association, Hisar and Bar Council of Punjab and Haryana Chandigarh and was not recognized under the Advocates Act, had been seeking allotment of land within the judicial complex, Hisar to construct the chambers without any information and considering the claim of the District Bar Association, Hisar (Respondent No. 6). The complaint was entertained and an order dated 30.12.2003 (Annexure P-3) was passed and the lease agreement dated 15.12.2003 was cancelled.

3. Thereafter, the District Bar Association, Hisar got itself registered under the The Societies Registration Act, 1860 and moved its case for allotment of land for construction of chambers for its members. The same was processed and favourably recommended and finally land measuring 9 kanals 13 marlas situated within the Court Complex, Hisar adjoining the Bar Room was allotted on 18.12.2006. It appears that the petitioner Association, all this while was pursuing its case by filing writ petitions and representations and finally their writ petition bearing CWP No. 203 of 2007 filed in this Court was withdrawn on 11.1.2007 with the permission to file a representation before the Building Committee of the Honble Punjab and Haryana High Court. The representation filed by the petitioner Association was dismissed by the Building Committee and decision conveyed vide letter dated 12.2.2007 (Annexure P-5) in view of the fact that the land for construction of chambers for the members of District Bar Association had already been allotted. Hence this petition.

4. The respondent State and District Bar Association, Hisar, upon notice, have filed their separate replies. It has been stated by the official respondents that the construction work has since started over the newly allotted site and half of the members of the petitioner Association have been found eligible for allotment of new chambers to be constructed by the District Bar Association, Hisar- respondent No. 6. Thirteen members of the petitioner Association are already in occupation of chambers in the Judicial Complex Hisar. Respondent No. 6- District Bar Association, Hisar has stated that the petitioner Association had earlier been alotted some piece of land on misrepresentation of facts and the said allotment was rightly cancelled.

5. In any case, the Building Committee of the Honble Punjab and Haryana High Court has now finally settled the matter in view of allotment of land measuring 9 kanals 13 marlas within the Judicial Complex, Hisar for construction of chambers for members of District Bar Association, Hisar -respondent No. 6. It is further stated that the members of the petitioner Association are in fact members of t