Supreme Court directs immediate release of Bandra land for new Bombay High Court building

The Supreme Court today ordered the Maharashtra government to release the first tranche of land necessary for the construction of the new Bombay High Court building.

A bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice BR Gavai and Justice JB Pardiwala stressed that the state government need not wait until December 2024 to hand over the entire 9.64 acres earmarked for the project.

Subsequently, the Supreme Court directed the Maharashtra government to release the first tranche of land for the construction to commence. The apex court was hearing a suo motu case based on a letter petition sent by the President of the Bombay Bar Association, Nitin Thakker, and others.

The court on May 7, had remarked that Goregaon was not a convenient location for the proposed new High Court complex and had ordered expedited action towards relocation of the current complex to Bandra.

Notably, the Bombay High Court had in April asked the Maharashtra government to explore land availability at Goregaon for the new High Court complex and to provide a rough sketch of accessibility from the proposed coastal road. This development came about despite the considerable progress made to shift the new High Court building to Bandra. Following, the top court then took up the suo motu case concerning the issue.

Earlier, the top court acknowledged that staff colonies exist on the proposed land in Bandra, but stressed on the need for additional space for the High Court. Nonetheless, since the construction would take at least two to three years, the Chief Justice had determined that a structural and safety audit of the existing building would be necessary.

Furthermore, the Court had directed a meeting between a representative of the Central government, the Chief Justice (CJ) of the Bombay High Court, and the Chief Secretary of Maharashtra to discuss a temporary alternative site.

Solicitor General Tushar Mehta on Friday informed the Court that the Chief Justice of the Bombay High Court had expressed the need for a dedicated Bombay Arbitration Centre.

He added that some floors in the Air India building were vacant and could potentially be utilized. He also mentioned that there was some space in Bandra Kurla Complex (BKC) as well.

Responding, Justice Gavai suggested that BKC would be better since the High Court was also coming up in the vicinity. The Chief Justice then recommended handing over vacant buildings no longer owned by the government to the Public Works Department (PWD) to facilitate necessary demolition and construction.

Consecutively, SG Mehta informed the Court that for the new High Court building, he recommended a design competition, but the CJ of Bombay High Court preferred selecting the best among four to five top architects, with the bar and bench making the final selection.

Chief Justice DY Chandrachud noted that the state had ordered a structural audit of the existing High Court premises, and steps had been taken towards securing alternate premises. The Court also requested the High Court Chief Justice to expedite the architect appointment and directed the Maharashtra government to commence construction without delay.

In addition, the Court noted that efforts were underway to establish an arbitration complex at BKC, with exploratory steps being taken to utilize the Air India building. The matter was scheduled for further hearing on July 15.



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