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Why can’t HC judges move into Type VIII bungalows,let us know: Court to Centre

A few judges of the Delhi High Court may soon join those at the new power address in the Capital.

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A few judges of the Delhi High Court may soon join those at the new power address in the Capital.

Asserting the entitlement of judges to Type VIII bungalows,bigger in size than their present Type VII accommodation and allotted to Cabinet ministers and very senior government officials,the High Court has asked the Urban Development Ministry to obtain instructions on why shouldn’t judges be allotted these houses in accordance with rules.

In response,the Ministry has informed the court that it has stayed fresh allotment of Type VIII bungalows,which were constructed recently in New Moti Bagh.

The division bench of Justices Pradeep Nandarajog and S P Garg was also informed by the Central government counsel that the issue was under “active consideration” of Urban Development Minister Kamal Nath and that there would “certainly” be a decision within 30 days.

The issue came to fore after an application was moved before a bench headed by Acting Chief Justice A K Sikri. It was urged that there were certain vacant bungalows available for accommodation in New Moti Bagh and these could be allotted to judges.

At this,Justice Sikri asked the government’s counsel to take instructions on allotment of the new Type VIII bungalows in New Moti Bagh Complex to High Court judges.

“We are informed that the judges of this court are allotted Type VII bungalows,even when Type VIII bungalows are now constructed and available for allotment. As per the entitlement,judges of the High Court are entitled to Type VIII bungalows. It is for this reason we have asked the respondents to take instructions in this regard,” Justice Sikri said.

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Subsequently,the matter was taken up by the bench headed by Justice Nandarajog who also asked the counsel “to obtain instructions as to the willingness to make available Type VIII houses in New Moti Bagh for residence of judges of the Delhi High Court”.

On being informed that there were six Type VIII houses that were yet to be allotted,the judge “hoped and expected” that the Central government will not precipitate the issue,and not effect any further allotment till the next date of hearing.

On the last date of hearing,B V Niren,counsel for the Centre,produced a letter addressed to him by Munish Kumar Garg,Director of Estates. According to the communication,the government had agreed to maintain status quo over allotment of Type VIII bungalows in New Moti Bagh.

“The letter further noted that the matter is under active consideration of the Minister of Urban Development. Learned counsel states that a decision would certainly be taken within the next 30 days,” the court noted.

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Asking the Ministry to get back with its final decision within a deadline,the court posted the matter for hearing in February 2012.

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  • delhi high court Ministry Of Housing And Urban Affairs
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