1. Proceedings related to shifting of Chief Judicial Magistrate court and accommodating lawyers in GAD and BSNL buildings. (Para 1 , 2 )
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2025 Supreme(Online)(Gau) 9479
HIGH COURT OF GAUHATI
Devashis Baruah, Arun Dev Choudhury, JJ
Registrar General of Gauhati High Court – Appellant
Versus
Union of India – Respondent
WP(C)/5873/2006
Advocates:
For the Appellants/Petitioners: H.K. Das, R S Chowdhury, D K Mishra
For the Respondents: K N Balgopal, B Gogoi, R K D Chowdhury, A Chandran, T Khro, A Phukan, M Kechi, A Kalita, B D Goswami, D Mazumdar, A Deka, K N Choudhury, A P R Deka, S C Keyal, N Kalita, B K Kashyap, B K Sarma, A C Buragohain, A D Chowdhury, D Chowdhury
For the Appellants/Petitioners: H.K. Das, R S Chowdhury, D K Mishra
For the Respondents: K N Balgopal, B Gogoi, R K D Chowdhury, A Chandran, T Khro, A Phukan, M Kechi, A Kalita, B D Goswami, D Mazumdar, A Deka, K N Choudhury, A P R Deka, S C Keyal, N Kalita, B K Kashyap, B K Sarma, A C Buragohain, A D Chowdhury, D Chowdhury
The Court exercised its supervisory jurisdiction to ensure the provision of adequate infrastructure and office space for lawyers and judicial staff, directing government authorities to resolve pending proposals and facilitate necessary building leases.
Headnote:(A) Court Infrastructure - Accommodation for Lawyers - The Court directed the PWD and BSNL authorities to explore the feasibility of leasing space in the BSNL building and utilizing the GAD building to accommodate lawyers and provide necessary sanitation facilities. (Para 3-6)
(B) Administrative Delay - Infrastructure Proposals - The Court took note of pending infrastructure proposals submitted by the Registry of the High Court since 2022 and directed the Law Resources (LR) of the Government of Assam and the Chief Engineer, PWD (Building) to provide explanations for the delays. (Para 10-13)
Issues: Whether adequate accommodation and infrastructure are being provided for lawyers and the Court premises in the GAD and BSNL buildings.
Legal Category Hierarchy
Table of Contents
2. Parties submitted updates on leasable area and toilet facilities in BSNL building; proposals pending with authorities. (Para 3 , 4 , 5 , 6 , 7 )
3. Court noted need for firsthand inspection of GAD and BSNL buildings to assess accommodation and infrastructure. (Para 7 , 8 )
4. Court's role includes ensuring adequate infrastructure for judicial functioning; inspection necessary to verify facts. (Para 7 , 8 )
5. Court scheduled inspection of GAD and BSNL buildings on 20.12.2025; directed officials to attend and provide updates. (Para 8 , 9 , 14 )
6. What is the court's role in overseeing judicial infrastructure?
The court has jurisdiction to inspect and direct improvements to court premises and related facilities to ensure proper judicial functioning. (Para 7 , 8 , 9 )
7. Can the court direct officials to explain delays in pending proposals?
Yes, the court can summon officials to provide reasons for keeping proposals pending, especially when they relate to judicial infrastructure. (Para 10 , 11 , 12 , 13 )
8. What is required before the court orders inspection of a building?
The court requires a preliminary report or submission indicating the need for firsthand verification of the state of affairs. (Para 3 , 4 , 5 , 6 , 7 )
ORDER
11-12-2025
(Devashis Baruah, J)
1. Heard Mr. H.K.Das, learned Standing counsel, GHC and Mr. A. K. Sarma, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned Dy.SGI and Mr. A. Phukan, learned Standing counsel, GAD as well as Mr. B. Gogoi, learned Additional Advocate General, Assam for the respondents.
SHIFTING OF THE CHIEF JUDICIAL MAGISTRATE COURT, KAMRUP (METRO) TO THE GAD (BUILDING)
2. Today, the instant proceedings have been listed before us pursuant to the order passed by this Court on 27.11.2025 for an update as regards the accommodation of lawyers in the GAD building as well as in the BSNL building if the State takes up the BSNL building on lease.
3. Mr. R.K.D.Choudhury, learned Dy.SGI placed a note before us explaining that there is roughly an area of 3,500 Sq.rft. which can be leased out in the ground and 1st floor of the BSNL building. However, there are no proper toilets.
4. We enquired with Mr. B. Gogoi, learned Additional Advocate General, Assam as well as Standing counsel, PWD, as to whether there has been any discussion with the BSNL authorities on the aspect pertaining to the area of 3,500 Sq.rft. in the BSNL building. He submits that he would provide an update on the next date.
5. We further urge upon both the PWD and BSNL authorities to look into as to whether any toilets can be constructed if the 1st and ground floor of the building are taken on lease.
6. We have been further informed by the Registrar Administration of the Gauhati High Court that upon carrying out the inspection on the ground floor of the GAD building, there is a scope of making further arrangement of an area of 3,000 Sq.rft for accommodating the lawyers and also constructing 5 Nos. of toilets.
7. We are of the opinion that an inspection is required to take a first hand note of the state of affairs, more particularly, as regards the Court premises functioning in the GAD building in view of the Inspection Report submitted by Mr. H. K. Das, learned Standing counsel of the GHC .
8. Accordingly, we propose to visit the GAD building as well as the BSNL building, more particularly, the area which can be leased out on 20.12.2025 at 02:00 pm.
9. The concerned officials of the PWD, BSNL as well as the officials from the Judicial Department of the Government of Assam be present on the said date and time.
OTHER INFRASTRUCTURE ISSUES:-
10. We have been informed by the Registrar Administration of the Gauhati High Court during the course of hearing that various proposals so submitted from the Registry of this Court are pending in the office of the LR, Government of Assam.
11. Taking into account that these proposals have been pending since 2022 onwards, we direct LR, Government of Assam to be present before this Court on the next date fixed and provide the reasons why the proposals are kept on hold.
12. We have also been informed by the Registrar Administration of the Gauhati High Court that various proposals are also pending before the Chief Engineer, PWD (Building).
13. We are of the opinion that the details of such proposals pending before the Chief Engineer, PWD (Building) be provided to Mr. B. Gogoi, learned Additional Advocate General, Assam as well as Standing counsel, PWD within 15.12.2025, so that the learned counsel, can obtain necessary instructions as regards the status of such proposals pending before the Chief Engineer, PWD (Building) and the reasons thereof.
14. List this matter on 08.01.2026.
