Punjab and Haryana HC Orders Immediate Shifting of Gurugram District Courts to New Complex After Fire Destroys Existing Building

Acting on a suo motu PIL, the Punjab and Haryana High Court directed that the Gurugram District Judgeship be shifted forthwith to the Tower of Justice complex, even before formal environmental and fire clearances are received.

A Division Bench of the Punjab and Haryana High Court, comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, on 9 July 2026 directed the State of Haryana to ensure the immediate shifting of the District Judgeship, Gurugram to the New Judicial Courts Complex — called the Tower of Justice — without waiting for formal approvals from the Pollution Control Board and the Fire Department. The direction came in Court on Its Own Motion v. State of Haryana and Others (CWP-PIL-114-2026), a suo motu PIL the court had taken up on 29 April 2026 over prolonged delays in completing the complex. A fire incident that destroyed a large part of the existing court building and rendered it unfit for occupation had sharply escalated the urgency. With the District Judgeship operating out of a guest house and only urgent matters being heard, the bench concluded that any further delay would be prejudicial to the public at large.

The Gurugram Judicial Infrastructure Crisis

The New Judicial Courts Complex at Gurugram was originally scheduled for completion by 30 October 2020. Despite that deadline passing by over five years, construction continued without resolution. The High Court took suo motu cognizance on 29 April 2026. Repeated assurances from State authorities followed, with the last extended deadline being 19 June 2026.

While the PIL remained pending, the situation worsened dramatically. A fire broke out in the existing Gurugram court complex, destroying a large number of court records and causing partial collapse of the building. State authorities subsequently declared the entire existing court building unfit for occupation. The District Judgeship was shifted to a guest house, from where it was functioning at the time of the 9 July order. Regular court work was severely curtailed, with only urgent matters being attended to.

The State had informed the District Judgeship that the new complex would be ready by 30 June 2026, and when the matter was listed on 1 July 2026, the Engineer-in-Chief (Buildings)-cum-HOD, Haryana PWD (B&R), Chandigarh placed on record a communication from the Executive Engineer stating that the newly constructed building was complete and ready for handing over. A formal inauguration was proposed for 12 July 2026.

What the District Judge's Inspection Revealed

The bench was not prepared to proceed on the basis of the PWD communication alone. By order dated 1 July 2026, the court called for an independent report from the District and Sessions Judge, Gurugram. The report that came back told a different story.

The District and Sessions Judge inspected the premises on 1 and 2 July 2026 and found that exterior and interior work remained incomplete at several places. The exterior fascia required repairs and finishing. Furniture had not been supplied or installed. Then, on 7 July 2026, the basement of the New Judicial Courts Complex was inundated when sewerage water backfired during rains. Municipal authorities were asked to resolve the drainage issue.

The report also disclosed that an Environmental Clearance certificate from the Pollution Control Board and clearance from the Fire Department had not yet been obtained. The concerned Executive Engineer had separately informed the District and Sessions Judge that permissions for the operation of the lifts and escalators would also need to be secured from the manufacturer.

When the matter was taken up the day before the 9 July hearing, the bench confronted the Additional Advocate General, Haryana, Mr. Deepak Balyan, with the contents of this report. He sought time until 9 July to obtain instructions.

State's Assurances on 9 July 2026

On 9 July 2026, the Engineer-in-Chief (Buildings)-cum-HOD, Haryana PWD (B&R), Chandigarh appeared before the court in person. Through him, the Additional Advocate General made a statement that the building was “now complete in all respect and all pending works have been completed.” A further statement was made that any shortcoming still found would be rectified without delay.

An affidavit was also filed on behalf of the State affirming that all statutory norms had been complied with and that an application had been submitted for obtaining the Environmental Clearance certificate.

On the fire clearance, the court was informed that the premises had been inspected by fire department officials, who had found no shortcoming according to applicable norms, and that the necessary certificate would be issued within a day or so. The Environmental Clearance process, which requires a more detailed procedure, had been initiated but was not yet concluded. The Engineer-in-Chief stated that the building did not deviate from any norms relevant to EC and would comply with all statutory requirements.

Why the Bench Permitted Shifting Before Formal Clearances

The bench acknowledged that in ordinary circumstances it would have waited for all statutory approvals to be obtained before permitting the shift. The peculiar facts prevailing at Gurugram, however, led it to a different conclusion.

Judicial work in the district had been “severely curtailed” after the fire rendered the existing building unusable. The court was operating out of a guest house. Waiting for the full cycle of statutory approvals — each of which the State represented was at an advanced stage — would have prolonged disruption to public access to justice. The bench recorded the personal statement of the Engineer-in-Chief that any shortcoming still noticed would be rectified forthwith, and treated that undertaking as part of the basis for permitting immediate shifting.

The court framed its reasoning explicitly around public interest: shifting was “inevitable in the predominant public interest” given the conditions at the District Judgeship. It also made clear that the formal inauguration of the complex could proceed alongside the shift, without needing to wait for pending approvals to be formally closed.

Outcome

The Division Bench permitted the State authorities to carry out the shifting of the District Judgeship, Gurugram to the New Judicial Courts Complex (Tower of Justice) forthwith, on the basis of the statements and affidavit placed before it, while the formal statutory approvals from the Pollution Control Board and the Fire Department remain awaited. The formal inauguration of the complex was also permitted to proceed.

The State was directed to file an affidavit reporting compliance with the directions by the next date of hearing. The matter was adjourned to 21 July 2026.