Today, On 7th May, The Supreme Court advised Maharashtra that Goregaon might not be the most suitable location for the new Bombay High Court building. The court suggested reconsidering the decision due to potential inconveniences. This recommendation highlights the importance of selecting a location that ensures accessibility and efficiency for the functioning of such a vital institution.
New Delhi: The Supreme Court, On Tuesday, made an observation regarding the suitability of Goregaon as the proposed location for the new Bombay High Court complex. The Court expressed concerns about the convenience of this location and directed swift action to be taken towards relocating the existing complex. This indicates that the Court sees potential challenges or drawbacks in having the new complex in Goregaon and emphasizes the urgency of finding a more suitable alternative.
A Bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices BR Gavai and JB Pardiwala remarked,
“It seems to have originated from a discussion within the court. However, Goregaon is not a suitable location. Land is available in Bandra East.”
The Court recognized the presence of staff colonies on the designated land in Bandra but emphasized the necessity of acquiring extra space for the High Court.
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The Court emphasized,
“We understand the humanitarian concerns involved as there are staff colonies on government land requiring relocation. Mindful of this, we strongly believe that the State should promptly address the requirements of the High Court. The urgent need for more space for the High Court, including chambers, is evident,”
However, due to the estimated duration of two to three years for construction, the Chief Justice of India (CJI) decided that a comprehensive assessment of the existing building’s structure and safety is necessary.
To facilitate this process, 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. The purpose of the meeting is to discuss potential temporary alternative sites.
The case will be further heard on May 17.
It is worth noting that both the CJI and Justice Gavai have roots in Maharashtra, and the Bombay High Court is their parent High Court. The Court initiated the suo motu case based on a letter petition sent by Nitin Thakker, the President of the Bombay Bar Association, and others.
In April, the Bombay High Court instructed the Maharashtra government to explore the availability of land in Goregaon for the new High Court complex. Additionally, the court requested a rough sketch illustrating the accessibility from the proposed coastal road. Despite significant progress in relocating the new High Court building to Bandra, this recent development emerged. During the previous hearing, the Court clarified that it would not impede the government from declaring the currently designated area in Bandra as a special area for a public project of vital importance.
During today’s hearing, the Supreme Court emphasized the urgency of commencing construction and expressed concerns regarding the partial occupation and non-handover of the proposed land in Bandra. To facilitate the structural and safety audit of the existing building, the Supreme Court sought assistance from the Central government, specifically from Solicitor General Tushar Mehta. The Court requested his help in acquiring land at Cuffe Parade to relocate some High Court offices temporarily.
Solicitor General Mehta informed the Court that he had been approached by certain members of the Bar in their personal capacity. In response, he arranged a meeting between these individuals and one of the Deputy Chief Ministers of Maharashtra. The Advocate General of Maharashtra, Birendra Saraf, assured the Court that the state government would fully support its efforts. He informed the Court that the plot of land in Bandra identified in October 2022, and a government resolution (GR) subsequently issued to vacate the land.
The Chief Justice of India (CJI) noted that waiting until December 2024 to hand over the plot was impractical. He stressed that,
“Construction of the new building should begin by December, necessitating the completion of the handover by September.”
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Additionally, the Court instructed the High Court to collaborate with the Central Public Works Department (CPWD) and other High Courts to accelerate the preparation of architectural plans for the new location.
The directive stated,
“To guarantee the structural integrity of the current premises, the State PWD will immediately conduct a safety audit and report to the court during the next hearing about the actions taken in this regard,”