CJI seeks to break norms for office space at home

NEW DELHI: Having acquired the Appu Ghar land to augment the Supreme Court premises, Chief Justice of India K G Balakrishnan is now trying to double the office space at his residence. This, even after New Delhi Municipal Council said rules of the elite Lutyens' Bungalow Zone do not permit such additional construction. The Times of India is in possession of the letter written by NDMC on April 10 expressing its inability to clear the building application which had been filed by Central Public Works Department on behalf of Justice Balakrishnan, the occupant of 5 Krishna Menon Marg. Unhappy with its decision, Justice Balakrishnan is learned to have summoned NDMC chairman Parimal Rai, to his residence on the evening of May 5, a Sunday. The secretary general of the Supreme Court registry, V K Jain, when contacted, pleaded ignorance about the May 5 meeting. "To the best of my knowledge, no such meeting took place," Jain said. Asked why the SC registry had made CPWD seek sanction for an impermissible addition to the existing building, Jain said, "We only expressed our need for more office space at the CJI's residence. It is for them to see if that is permissible." He added that he was yet to hear whether NDMC had granted sanction. It was only two years ago that the urban development ministry issued the relevant office memorandum (OM) to all the occupants of Type VIII bungalows in LBZ. Given that all the SC judges stay in Type VIII bungalows, it is surprising that secretary general of the Supreme Court registry, V K Jain claims to be unaware of the 2006 OM fixing the plinth area norms for them. The OM shows that there is no way NDMC could have sanctioned the submitted plan for augmenting the office space because the plinth area of Justice Balakrishnan's residence, 15,473 sq ft, is already far in excess of the maximum permissible limit, 9,175 sq ft. Since the existing office is 1,280 sq ft, the application to add an identical wing flew in the face of the OM's stipulation that the office space in the residence cannot exceed 1,000 sq ft.
CJI may get more space if PM agrees In the circumstances, CJI can hope to have more office space at home only if Prime Minister Manmohan Singh makes an exception in his case. For, NDMC's letter states that "relaxation from PMO is required for construction of additional area beyond permissible". The rationale apparently is, the PM alone can authorize a deviation from the plinth norms as the guidelines contained in the 2006 OM had been issued with his approval. In its letter dated April 10, NDMC told CPWD to resubmit its proposal with, among other things, the necessary clearance from the PM within 30 days. Justice Balakrishnan called the NDMC chief to his house five days before that deadline. It remains to be seen whether the CJI will still be able to cut through the elaborate safeguards meant to preserve the original character of LBZ, which has "a special historical significance" and "predominant green areas".

16 May 2008, 0147 hrs IST , Manoj Mitta , TNN
THE TIMES OF INDIA