NEW DELHI: In an unprecedented move, the Supreme Court administration has written to the Centre seeking possession of the official residence of the Chief Justice of India (CJI) at the Krishna Menon Marg in the national capital.
In a July 1 letter to the Ministry of Housing and Urban Affairs (MoHUA), the apex court administration noted that the current occupant of the residence, former CJI DY Chandrachud, has been staying there beyond the permissible period.
Justice Chandrachud was the country's 50th chief justice from November 2022-2024. The current CJI, BR Gavai, is the 52nd chief justice, and took over this May.
The Supreme Court administration requested the MoHUA secretary to take possession of Bungalow No. 5, Krishna Menon Marg, "without any further delay," so that it is returned to the court's housing pool. The permission granted to Chandrachud to retain the accommodation expired on May 31, the letter stated.
Under Rule 3B of the Supreme Court Judges (Amendment) Rules, 2022, a retired Chief Justice of India can retain type VII bungalow, a level below from the 5, Krishna Menon Marg bungalow, for a maximum period of six months post-retirement.
Ex-CJI Sanjiv Khanna, who succeeded Justice Chandrachud, chose not to move into the official accommodation during his six months' tenure. Even incumbent CJI BR Gavai has opted to continue living in a previously allotted bungalow.
On December 18 last year, Justice Chandrachud had written to his successor, requesting the latter's permission to continue residing in the 5, Krishna Menon Marge residence till April 30, 2025, saying although he has been allotted Bungalow No. 14 on Tughlak Road in accordance with 2022 rules, renovation work at the new residence was going on.
Then-CJI Khanna gave his nod, pursuant to which MoHUA approved the retention of the type VIII bungalow at Krishna Menon Marg by Justice Chandrachud from December 11, 2024, to April 30, 2025 on payment of licence fees of around Rs 5,000 per month.
The ministry conveyed the approval to the Supreme Court administration by a letter of February 13.
Subsequently, Justice Chandrachud made an oral request to then CJI Khanna to continue residing in the same residence till May 31, which was also approved by the then-CJI albeit with a condition that no further extension would be granted.
The July 1 letter of apex court administration flagged the breach of both the timelines and the legal framework, and said the Krishna Menon Marg residence was permitted due to "special circumstances."
The communication of this nature to the government is a rarity for vacating the official CJI residence that too from an ex-CJI.
According to government sources, in the past, several former CJIs have been informally granted extension to stay in the official residence for a limited time of two months, till they make appropriate arrangements for their accommodation post retirement.
Sources confirm that Justice Chandrachud in his earlier communications has informed the apex court about the delay in moving out of the 5, Krishna Menon Marg residence in view of making the Tughlak Road Bungalow liveable for his family especially his two daughters with special needs, who are undergoing treatment at AIIMS.
Sources also confirm that Justice Chandrachud has written to then CJI Khanna in April informing him that he was in process of shortlisting of an accommodation in accordance with the special needs of his daughters and urged extension of time for vacating the official residence till June 30.
In a July 1 letter to the Ministry of Housing and Urban Affairs (MoHUA), the apex court administration noted that the current occupant of the residence, former CJI DY Chandrachud, has been staying there beyond the permissible period.
Justice Chandrachud was the country's 50th chief justice from November 2022-2024. The current CJI, BR Gavai, is the 52nd chief justice, and took over this May.
The Supreme Court administration requested the MoHUA secretary to take possession of Bungalow No. 5, Krishna Menon Marg, "without any further delay," so that it is returned to the court's housing pool. The permission granted to Chandrachud to retain the accommodation expired on May 31, the letter stated.
Under Rule 3B of the Supreme Court Judges (Amendment) Rules, 2022, a retired Chief Justice of India can retain type VII bungalow, a level below from the 5, Krishna Menon Marg bungalow, for a maximum period of six months post-retirement.
Ex-CJI Sanjiv Khanna, who succeeded Justice Chandrachud, chose not to move into the official accommodation during his six months' tenure. Even incumbent CJI BR Gavai has opted to continue living in a previously allotted bungalow.
On December 18 last year, Justice Chandrachud had written to his successor, requesting the latter's permission to continue residing in the 5, Krishna Menon Marge residence till April 30, 2025, saying although he has been allotted Bungalow No. 14 on Tughlak Road in accordance with 2022 rules, renovation work at the new residence was going on.
Then-CJI Khanna gave his nod, pursuant to which MoHUA approved the retention of the type VIII bungalow at Krishna Menon Marg by Justice Chandrachud from December 11, 2024, to April 30, 2025 on payment of licence fees of around Rs 5,000 per month.
The ministry conveyed the approval to the Supreme Court administration by a letter of February 13.
Subsequently, Justice Chandrachud made an oral request to then CJI Khanna to continue residing in the same residence till May 31, which was also approved by the then-CJI albeit with a condition that no further extension would be granted.
The July 1 letter of apex court administration flagged the breach of both the timelines and the legal framework, and said the Krishna Menon Marg residence was permitted due to "special circumstances."
The communication of this nature to the government is a rarity for vacating the official CJI residence that too from an ex-CJI.
According to government sources, in the past, several former CJIs have been informally granted extension to stay in the official residence for a limited time of two months, till they make appropriate arrangements for their accommodation post retirement.
Sources confirm that Justice Chandrachud in his earlier communications has informed the apex court about the delay in moving out of the 5, Krishna Menon Marg residence in view of making the Tughlak Road Bungalow liveable for his family especially his two daughters with special needs, who are undergoing treatment at AIIMS.
Sources also confirm that Justice Chandrachud has written to then CJI Khanna in April informing him that he was in process of shortlisting of an accommodation in accordance with the special needs of his daughters and urged extension of time for vacating the official residence till June 30.
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