Punjab & Haryana HC Forms Multi-Stakeholder Committee for Expansion Amid Relocation Dispute

CHANDIGARH – In a significant development aimed at resolving the contentious issue of its future premises, the Punjab and Haryana High Court has constituted a high-level administrative committee to oversee a "modified holistic plan" for its expansion. This move follows a firm and unanimous resolution by the High Court Bar Association to oppose any relocation from its iconic, Le Corbusier-designed building in Chandigarh.

The decision, emerging from a Public Interest Litigation (PIL) in the case of Vinod Dhatterwal and others v. Union of India and others , signifies a crucial pivot from exploring new sites to focusing on in-situ development. The bench, comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry, opted for a collaborative approach to address the severe space constraints plaguing the institution while respecting the sentiments of the legal fraternity.

The Genesis of the Conflict: Space Crunch vs. Heritage

The Punjab and Haryana High Court, an architectural marvel at the foothills of the Shivalik Range, has long been grappling with an acute shortage of space. With a sanctioned strength of 85 judges, the court currently operates with only 69 functional courtrooms. The increasing footfall of litigants, lawyers, and staff has stretched the existing infrastructure to its limits, prompting the court to consider drastic measures.

Earlier this year, the court had directed the Chandigarh UT Administration to explore alternative locations, with sites in Sarangpur and the IT Park being considered. The bench had expressed its frustration with the status quo, remarking on the irony of having to leave a unique and historic building. "We are forced to think about an alternative site for the high court… such a good building you have. It’s a unique building. I have not seen such a building in the entire country. And yet you are compelling people to leave this building by your adamancy," the bench had previously asserted.

In a surprising turn, the Bar Association's Executive Committee had initially, on August 20, approved a resolution to shift the High Court to Sarangpur. However, this decision was emphatically overturned a month later. On September 22, the General Body of the Punjab and Haryana High Court Bar Association passed a unanimous resolution, making it clear that the High Court would not be shifted "under any circumstances." The Bar's resolution emphasized the implementation of a holistic expansion plan at the current location, which includes a proposal for the de-reservation of adjoining forest land.

A Collaborative Path Forward: The Administrative Committee

Faced with the Bar Association's unwavering stance, the High Court has now established a comprehensive Administrative Committee, designed to ensure all stakeholders have a voice in the future development of the court premises. The bench noted that this approach was necessary "to discuss, as to what would be the appropriate modifications in the attending facts and circumstances."

The composition of the committee reflects a multi-faceted approach to problem-solving, bringing together judicial, legal, administrative, and employee representatives. According to the court's order, the committee will include:

• Two sitting Judges of the High Court , with the senior judge presiding.
• Two representatives (nominated or elected) from the Punjab and Haryana High Court Bar Association.
• The UT Administration's Chief Architect and Chief Engineer .
• Mr. Satya Pal Jain, Additional Solicitor General of India , or his nominee, representing the Union of India.
• The Registrar of the High Court Building Committee .
• Two members (nominated or elected) from the High Court Employees Association.

The court has directed the Bar Association and the Employees Association to submit the names of their representatives to the Registrar-General by October 1.

Mandate and Expectations: A Swift and Holistic Solution

The mandate for the newly formed committee is both clear and urgent. The bench has directed it to convene weekly meetings to accelerate the planning and execution process. The objective is to ensure that a consensus-driven, "modified holistic plan" is developed and implemented at the earliest.

"The aforesaid Administrative Committee should convene its meeting once every week, so that after deliberations on all aspects by taking into account inputs, furnished by all the stake-holders, a holistic view can be taken and the ultimate goal of executing the modified holistic plan can be achieved at the earliest," the order stated.

The collaborative spirit was evident in the courtroom, with all parties agreeing to hold the first meeting of the committee on October 9. The matter is scheduled for its next hearing on October 17, by which time the committee is expected to have initiated its deliberations.

Legal and Administrative Implications

This development holds several implications for the legal and administrative landscape. Firstly, it underscores the influential role of the Bar Association in major decisions concerning judicial infrastructure. Their unified opposition effectively closed the door on relocation, forcing a re-evaluation of expansion possibilities at the current site.

Secondly, the formation of such a diverse committee is a testament to the principles of participatory governance within the judicial system. By including architects, engineers, government representatives, and employee unions alongside judges and lawyers, the court aims to preempt future conflicts and ensure the final plan is both technically feasible and broadly acceptable.

Finally, the case highlights the perennial challenge faced by heritage buildings that serve as functional public institutions. The need to preserve the architectural integrity of Le Corbusier's design must be balanced with the modern-day requirements of a bustling High Court. The committee's primary task will be to find innovative architectural and planning solutions that can expand capacity without compromising the building's historic character.

While the committee begins its work, the UT Administration has informed the court that ancillary improvements are already underway, with work on laying green pavers in the kutcha parking area expected to be completed within two months. This indicates a parallel effort to address immediate infrastructural needs while the larger, more complex expansion plan is being deliberated. The legal community now watches keenly as this unique collaborative effort unfolds, hoping it will pave the way for a solution that honors the past while building a functional future for one of India's most important judicial institutions.