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Synopsis

With a view to ensure structural safety of existing high court premises, the Maharashtra State's PWD has 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 passed this order while 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.

"Construction needs to begin, the land is partially occupied and has not been handed over till now..We need the union government's help because of the current building's heritage status..there was a collapse in the library..", the CJI observed at the outset today.

The bench also comprising Justices BR Gavai and JB Pardiwala noted that a land at Goregaon was not convenient for the new building complex.

Solicitor General Tushar Mehta assured the bench that he had spoken to the Maharashtra Deputy CM, who had in fact agreed to meet few bar members.

"We are aware of humanitarian aspects involved in the issue as staff colonies exist on the government land and they have to be relocated. State must act with alacrity towards High Court's requirements. The finances will be worked out with the Chief Justice, Chief Secretary, AG, building committee and senior officers. High Court may consult the CPWD and other High courts to expedite the process", the bench went on to order.

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. 

Last month, it had asked the Maharashtra government to explore land availability at Goregaon for the new High Court complex, despite considerable progress having been made to shift the new High Court building to Bandra.

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