In a Public Interest Litigation regarding crispy condition of Munsiff Court Akhnoor Building, A Division Bench of J&K High Court Comprising Chief Justice Gita Mittal and Justice Rajesh Bindal took serious note and directed Secretary, Law, Justice and Parliamentary Affairs, Secretary, Finance, and Secretary, PWD (R&B), Union Territory of J&K to appear in person.
In the PIL filed by an Advocate seeking direction to Registrar General to make an alternative arrangement of the building for court till the new court complex is to be constructed as the present court complex is declared unsafe by the concerned department and further direction to Registrar General that after
receiving funds to issue tender for the construction work of the new court complex and complete within stipulated period of time.
During the course of hearing Adv Ajay Bakshi submitted that the Munsiff Court is situated at Fountain Chowk Akhnoor and the building of Munsiff Court has been established in the year 1964 and is very old building near about age of the building is 53 years and since the building is constructed, there is no renovation over the said building and the condition of the building is very dilapidated as said building is not repaired /whitewashed for so many years. It is worthwhile to mention herein that during the rainy season there is water logging from every corner of the building including the roof as well as the walls of the building and the iron rods of roof are also visible at several places. It is further submitted that the civil and criminal clerk of the court are sitting in the same room and during the rainy season, they shifted the civil as well as criminal files in the court room as there is continuous seepage of water In room of civil as well as criminal clerk from the roof and they are not in position to run the court work from the said room. It is further submitted that there is one record room and the condition of the record room is very dilapidated and the old record is placed inside the room is at the verge of dilapidation, even though the presiding officer of the said court had also given the representation to the district and session judge vide letter no. 237/M.A dated 13-11-2019 on the administrative side and also the respondent no. 2 vide letter no. 244/M.A dated 2-08-2016.
Division Bench after hearing Adv Ajay Bakshi inlength observed that it is an important petition pointing out the very serious matter relating to Akhnoor Munsiff Court.
DB further observed that despite service of an advance copy in the office of the Advocate General, this is yet another case when none bothers to appear, let alone, assist this Court in passing any meaningful order and issue notices to the Secretary, Law, Justice and Parliamentary Affairs, Secretary, Finance, and Secretary, PWD (R&B), Union Territory of J&K for 30th September 2020. They shall remain personally present in Court. DB further directed that the respondents shall ensure that officer (s) conversant with the facts of the case is also personally present.
DB make it clear that if any loss of life or property results because of the facts brought out by the petitioner, Secretary, Law, Justice and Parliamentary Affairs, Secretary, Finance, and Secretary, PWD (R&B), Union Territory of J&K shall be personally liable for the same and for compensation. JNF