7 May 2024 9:02 AM GMT
The Supreme Court on Tuesday directed the Maharashtra Public Works Department to conduct a structural and safety audit of the present Bombay High Court building in Fort, Mumbai before monsoon, since the heritage building is nearly 150 years old and construction of a new building for the High Court will take a few years.
The court also directed a meeting to be conducted among Chief Justice of the HC, Chief Secretary of Maharashtra, and representatives of the Union government to decide upon a common building to provide temporary alternative accommodation for the HC. It asked the Solicitor General of India Tushar Mehta to also attend the meeting online.
A special bench of Chief Justice DY Chandrachud, Justice BR Gavai and Justice JB Pardiwala, was hearing a suo moto petition regarding the heritage building of the Bombay High Court and the issue of additional land allotment.
The court said that the Maharashtra government should be proactive and hand over land allotted in Bandra East for the new building to the Bombay High Court immediately, so that construction of the new HC complex can begin.
“December is too long, you have allotted in March 2023, the government should take steps to hand over the land immediately to HC...this is not a builder making for colonies, you are giving it to the HC…The government can provide alternative accommodation for people staying in the colonies of the allotted lands. We will like the govt to be more proactive”, the court said.
The court was responding to Advocate General of Maharashtra Dr. Birendra Saraf's submission that total 31 acres have been identified for the High Court, of which 3.63 hectares are for lawyers' chambers. Further, by December 9.6 acres will be vacated and by March 2025 more land will be vacated, Saraf submitted.
“The High Court may consult the Central Public Works Department and other High Courts to expedite the drawings for the new site”, the court said in its order.
Last month, the Bombay High Court had asked the Maharashtra Government to consider land in Goregaon for a new HC complex despite land allotment for the same in Bandra as well as state's submission that significant progress has been made to hand over vacant possession of the land.
The Supreme Court took up the issue of land allotment for the High Court building based on a letter petition sent by various bar associations active in Mumbai.
During the proceedings, Chief Justice Chandrachud remarked that Goregaon is not a convenient location for the Bombay HC building, and Bandra is more convenient.
The CJI emphasized the urgency of handing over land to the High Court for construction. In the meantime, there is necessity for the High Court to shift its accommodation to facilitate an audit, he said.
The CJI recalled a previous incident in the Library of the HC, where a significant portion collapsed and fortunately, no lawyers were present.
Advocate General of Maharashtra Dr. Birendra Saraf presented details regarding the identified lands and the timeline for vacating them. However, the Chief Justice expressed dissatisfaction with the timeline, emphasizing the need for immediate action to hand over the lands to the High Court.
The court noted that staff colonies existed on the allocated lands and urged the State to act promptly and ensure the relocation of the occupants. It emphasized the pressing need for additional space for the High Court and chambers.
The matter is scheduled for further proceedings on May 17, 2024, where the authorities must apprise the court of the progress made in addressing the infrastructure needs of the Bombay High Court.