Maharashtra Govt Assures SC of 5.25-Acre Land Transfer for New Bombay HC Building by January 31, 2025

Maharashtra Govt Assures SC of 5.25-Acre Land Transfer for New Bombay HC Building by January 31, 2025

The Supreme Court of India was informed today that the Maharashtra government has committed to transferring 5.25 acres of land for the construction of a new Bombay High Court building by January 31, 2025.

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..."

The court made these observations while hearing a suo motu plea regarding the Bombay High Court's heritage building and the allocation of land for its new premises. During the proceedings, Maharashtra’s Advocate General, Dr. Birendra Saraf, informed the bench that significant progress has been made toward transferring the next tranche of land, measuring 5.25 acres, which was due by December 31. He further stated that demolitions have commenced and all encroachments have been cleared.

'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

In response to Justice Gavai's query regarding the slums, Advocate General Dr. Birendra Saraf informed the bench that all encroachments had been removed and that the government had identified alternative premises to relocate the affected individuals.

"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.

Expressing gratitude for the Supreme Court's intervention, the Registrar General of the Bombay High Court remarked, "We received sanctions, its Lordship's blessings, and approvals due to pendency."  

In September 2024, Chief Justice of India DY Chandrachud inaugurated the groundbreaking ceremony by laying the foundation stone for the new Bombay High Court building in Bandra. 

Earlier, in July 2024, the Maharashtra government had informed the Supreme Court that 4.39 acres of land at Bandra Kurla would be handed over for the construction of the new High Court building by September 10.  

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.

The court also took note of the arrangements for alternate premises being provided to the Bombay High Court for its temporary use.  

In May, the Supreme Court had directed the Maharashtra government to make all efforts to hand over the first tranche of 9 acres of land for the construction of the Bombay High Court's new building by the end of September 2024.  

To ensure the structural safety of the existing high court premises, the Maharashtra State's Public Works Department (PWD) had been directed by the Supreme Court to conduct an audit and report to the court.  

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

Lawyers from the Bombay Bar Association had recently written to the Chief Justice of India, flagging the issue. The bench, also comprising Justices BR Gavai and JB Pardiwala, noted that the land at Goregaon was not suitable for the new building complex. 

The Bombay High Court is concurrently addressing the issue in a PIL filed by Advocate Ahmad Abdi in 2012, which seeks the construction of a new high court building on a priority basis.  

In March, the High Court had expressed its frustration over the delay by the Maharashtra State Government in allocating 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, had remarked that the lives of court officers were at risk due to the deteriorating condition of the existing 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

 

 

 

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