On Friday, the Supreme Court instructed the Maharashtra government to release the initial portion of land required for the construction of the new Bombay High Court building. The bench, comprising Chief Justice of India (CJI) DY Chandrachud, along with Justices BR Gavai and JB Pardiwala, emphasized that the state government shouldn’t wait until December 2024 to hand over the entire 9.64-acre plot designated for the project.
The Court was addressing a suo motu case initiated following a letter petition from Nitin Thakker, President of the Bombay Bar Association, and others. During a previous hearing on May 7, the Court had expressed concerns about Goregaon’s suitability as the location for the proposed new High Court complex and had urged expedited action to relocate the current complex to Bandra.
In April, the Bombay High Court had instructed the Maharashtra government to explore land availability in Goregaon for the new High Court complex and to provide a preliminary sketch of accessibility from the proposed coastal road. Despite progress towards shifting the new High Court building to Bandra, this development led to the Supreme Court taking up the suo motu case on the matter.
Acknowledging the existence of staff colonies on the proposed Bandra land during the previous hearing, the Court emphasized the need for additional space for the High Court. However, recognizing that construction would require two to three years, the CJI determined that a structural and safety audit of the existing building would be necessary. The Court directed a meeting between a representative of the Central government, the Chief Justice of the Bombay High Court, and the Chief Secretary of Maharashtra to discuss a temporary alternative site.
During the latest hearing, Solicitor General Tushar Mehta informed the Court of the Bombay High Court Chief Justice’s request for a dedicated Bombay Arbitration Centre. He mentioned vacant floors in the Air India building and available space in the Bandra Kurla Complex (BKC) as potential locations.
In response, Justice Gavai suggested BKC as a preferable option, given its proximity to the upcoming High Court. The CJI recommended transferring vacant buildings no longer owned by the government to the Public Works Department (PWD) for necessary demolition and construction.
SG Mehta proposed a design competition for the new High Court building, but the Bombay High Court CJ preferred selecting from four to five top architects, with input from the bar and bench for the final decision.
The Court noted progress in ordering a structural audit of the existing High Court premises and securing alternate premises. It urged the High Court CJ to expedite the appointment of an architect and directed the Maharashtra government to commence construction promptly.
Additionally, efforts were underway to establish an arbitration complex at BKC, with steps taken to utilize the Air India building. The matter is scheduled for further hearing on July 15 to assess progress.
