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Synopsis

The Supreme Court has directed Maharashtra state government to issue Government Resolution (GR) for declaration of the High Court project at the Bandra Kurla complex as a project of vital importance by 7 September 2024.

Noting that the GR in regard to facilitating payments for the project was yet to be issued and the Advocate General apprised court of issuance of the GR being under process, the CJI led special bench has directed for this GR to be issued by 7 September 2024.

As regards possession of alternative premises for the High Court in the vicinity of the existing buildings, the following directions have been issued:
(a) Possession shall be handed over to the High Court by 31 August 2024;
(b) The State Government shall process all administrative sanctions which are required to be issued by 7 September 2024; and
(c) The Committee which has been constituted by the Chief Justice is requested to take stock of the situation so that the work of repair in the MTNL building (second and third floor), CTO annexe building and Bank of India building (third floor) commences at the earliest day and is completed expeditiously, preferably by 31 October 2024.

"Once possession is handed over of the alternative premises to the High Court, any further request by the High Court for sanctions of the estimates and for release of funds shall be taken up expeditiously by the State Government...", the order adds.

Dr Birendra Saraf, Advocate General appeared on behalf of the State of Maharashtra and RN Joshi, Registrar General of the High Court of Judicature at Bombay. Senior Counsel Nitin Thakker with Senior Advocate Shyam Mehta appeared for the Bombay Bar Association (BBA). Tushar Mehta, Solicitor General, appeared on behalf of the Union of India.

Last month, Maharashtra government had informed the Supreme Court of India that by September 10, 4.39 acres of the land at Bandra Kurla shall be handed over for the construction of new building of the Bombay High Court.

In May, top court had directed the Maharashtra government to make all endeavors for handing over the first tranche of 9 acres of land for the Bombay High Court's new building by the end of September 2024.

Earlier, with a view to ensure structural safety of existing high court premises, the Maharashtra State's PWD had been directed by the Supreme Court of India to conduct an audit and apprise the court.

A three-judge special bench of the Supreme Court has been hearing a suo motu petition concerning the Bombay High Court's heritage building and the allotment of land for its new building.

Lawyers of the Bombay Bar Association had recently written to the CJI flagging the issue. The bench also comprising Justices BR Gavai and JB Pardiwala had noted that a land at Goregaon was not convenient for the new building complex.

The Bombay High Court is also seized of the issue while hearing a PIL filed by Advocate Ahmad Abdi in 2012 seeking a new building for the high court on a priority basis. 

Case Title: In Re: Heritage Building of the Bombay High Court