HC seeks goverment records on creation of new districts
13 Dec 2012 1:41 AM GMT
A lawyers’ body moved on Wednesday the Delhi high court seeking annulment of the city government’s order to create 11 districts, alleging that the move is ‘arbitrary’ as some areas have been shifted to those district courts, which are far from the residences of litigants.
A bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw asked the government to apprise it of the rationale behind carving of 11 new districts out of the existing nine and their reshuffling by 7 January 2013.
Seeking the records on formation of new districts, the bench asked Standing Counsel (Civil) Nazmi Waziri to place on record the files on the next date of hearing.
‘On what basis the areas have been shifted to various districts and also attached to different courts?,’ the court asked.
The bench was hearing a petition by the Dwarka Court Bar Association through counsel H S Phoolka seeking quashing of the 11 September notification on the ground that the government’s decision is against the policy of ‘justice at door step’.
‘The impugned notification is devoid of any logic or reason and has been in total arbitrariness as the impugned notification runs contrary to the respondents own policy of “justice at door step”,’ the petition said.
According to the plea, the notification has taken out two pre-existing sub-divisions, Vasant Vihar and Delhi Cantt., from South West District and merged with New Delhi district.
‘....some areas which are part of these two sub-divisions and close proximity to the Dwarka court have been merged with New Delhi district.
‘People residing in these areas would now be compelled to approach the district courts at Patiala House to seek redressal of their grievances,’ the bar association said.
The lawyers’ body in their plea also sought the court’s order to transfer the jurisdiction of those areas / police stations which are in proximity and are easily accessible to Dwarka, to Dwarka Court.
‘The notification completely overlooked the grave hardship and inconvenience that would be caused to the litigants.
‘The irrational reshuffling of the districts/sessions divisions would force the litigants to approach district courts far away from their places which would invariably increase the cost of litigation and would be an additional financial burden on litigants,’ the PIL said.
The lawyers body also said with alteration of the New Delhi district’s jurisdiction, a lot more areas would be added to it and it would result in an increase in the volume of litigation in the Patiala House Court which is not well equipped to handle such a huge volume of litigation.
They pointed out that Dwarka court is well equipped to handle huge volume of litigation but the impugned notification would leave most of the Dwarka Court complex unused.
‘The impugned notification is not in accordance with law and is liable to be quashed,’ the plea said.
A bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw asked the government to apprise it of the rationale behind carving of 11 new districts out of the existing nine and their reshuffling by 7 January 2013.
Seeking the records on formation of new districts, the bench asked Standing Counsel (Civil) Nazmi Waziri to place on record the files on the next date of hearing.
‘On what basis the areas have been shifted to various districts and also attached to different courts?,’ the court asked.
The bench was hearing a petition by the Dwarka Court Bar Association through counsel H S Phoolka seeking quashing of the 11 September notification on the ground that the government’s decision is against the policy of ‘justice at door step’.
‘The impugned notification is devoid of any logic or reason and has been in total arbitrariness as the impugned notification runs contrary to the respondents own policy of “justice at door step”,’ the petition said.
According to the plea, the notification has taken out two pre-existing sub-divisions, Vasant Vihar and Delhi Cantt., from South West District and merged with New Delhi district.
‘....some areas which are part of these two sub-divisions and close proximity to the Dwarka court have been merged with New Delhi district.
‘People residing in these areas would now be compelled to approach the district courts at Patiala House to seek redressal of their grievances,’ the bar association said.
The lawyers’ body in their plea also sought the court’s order to transfer the jurisdiction of those areas / police stations which are in proximity and are easily accessible to Dwarka, to Dwarka Court.
‘The notification completely overlooked the grave hardship and inconvenience that would be caused to the litigants.
‘The irrational reshuffling of the districts/sessions divisions would force the litigants to approach district courts far away from their places which would invariably increase the cost of litigation and would be an additional financial burden on litigants,’ the PIL said.
The lawyers body also said with alteration of the New Delhi district’s jurisdiction, a lot more areas would be added to it and it would result in an increase in the volume of litigation in the Patiala House Court which is not well equipped to handle such a huge volume of litigation.
They pointed out that Dwarka court is well equipped to handle huge volume of litigation but the impugned notification would leave most of the Dwarka Court complex unused.
‘The impugned notification is not in accordance with law and is liable to be quashed,’ the plea said.
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