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Synopsis

The Supreme Court of India was told today that the Maharashtra government would transfer 5.25 acres of land by January 31, 2025, for the construction of a new Bombay High Court building.

A bench of Justices BR Gavai, AG Masih and Vinod Chandran in its order said," ....A chart has been placed on record on behalf of Maharashtra, which depicts the progress of land handover in a phased manner. As far as the first case is concerned, an area of 4.49 acres was already handed over in October 2024. Regarding the remaining 5.25 acres, the handover could not be completed due to some difficulties. However, it will be handed over by the end of January. Post the matter in April 2025..."

Court made these observations while hearing a suo motu plea concerning the Bombay High Court's heritage building and the allotment of land for its new building.

During the hearing, Advocate General of Maharashtra (AG) Dr Birendra Saraf told the bench that effective steps have been taken for handing over the next tranche of land, which was due by December 31 (5.25 acres). He further submitted that demolitions have started, and all encroachments have been removed.

'We are seeking time until January 31. The demolitions of buildings have commenced, and by January 31, we will hand over the land,' he added

On Justice Gavai's asking about the slums, AG Dr. Saraf told the bench that all the encroachments had been removed and that the government had identified premises to shift the affected people. "The High Court is seized with the matter. We have issued a fresh tender. The process of selecting architects is ongoing," he told the bench.

While expressing gratitude to the Top court for its intervention, the Registrar General of the Bombay HC said, "We received sanctions, its Lordship's blessings, and we got the approvals due to pendency."

In September 2024, Chief Justice of India DY Chandrachud laid down the foundation stone of the new high court building in Bandra during the groundbreaking ceremony.

In July 2024, the 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.

Advocate General Birendra Saraf also shared the plans for allotment of further land with the court. "The state government has suggested names of 8 architects and a meeting shall be conducted with the High Court for giving their requirements as per which proposals shall be submitted before it", a special bench of the top court has noted.

Court also took note of the position of alternate premises being given to the High Court for use in the meantime.

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. 

In March, the High Court had expressed its displeasure over the delay by the Maharashtra State Government in allotting land for the new high court building in Bandra.

The division bench of the high court, comprising Chief Justice Devendra Upadhyaya and Justice Arif Doctor, remarked that the lives of the court officers were at peril due to the bad condition of the high court building.

“The condition of the Bombay High Court building is well known. The condition of this building and also the annexe building is bad. Our officers work there. Their lives are in peril. They work in dangerous conditions. There is no space for storage, no space to walk, and the stairs are in poor condition,” Chief Justice said.

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