The Supreme Court also noted that out of the total 4.09 acres required for the new building, 1.94 acres have already been handed over. The remaining land is occupied by many slum dwellers, and the government is working to rehabilitate them.
NEW DELHI: The Supreme Court has said that only the Bombay High Court should hear all cases and petitions related to its new building that is planned to come up in Bandra, Mumbai.
The top court made this decision to make sure there is no delay in solving land-related issues and the construction of the new High Court building can move forward smoothly.
A Bench of Justices BR Gavai and Augustine George Masih gave clear directions that no other court should take up these matters.
“It is informed that there are 21 PIL pending before the High Court with respect to the said subject matter. We request the High Court chief justice to assign all pending cases with regard to this issue to one and same bench so that it is heard and decided expeditiously. We direct that no other court except High Court shall entertain proceedings with regard to any issue pertaining to the land earmarked for High Court,” the Court said.
This means all related Public Interest Litigations (PILs) and other court cases connected to the land for the new High Court building must be heard only by the Bombay High Court, and only one specific bench in the High Court should look after all these cases.
The Supreme Court also noted that out of the total 4.09 acres required for the new building, 1.94 acres have already been handed over. The remaining land is occupied by many slum dwellers, and the government is working to rehabilitate them.
“Out of 4.09 acres needed for construction of High Court, 1.94 acres have been handed over. Regarding the rest, there are larger number of slums and steps being taken to rehabilitate them. By April end, the vacant possession of the land will be handed over,” the Court added.
This case came up on its own (suo motu) before the Supreme Court in 2024 after concerns were raised about the very old and deteriorating building that currently houses the Bombay High Court. The present building is more than 150 years old and considered a heritage structure.
The new High Court building is planned to be built in Bandra. For this, around 4.39 acres of land in the Bandra-Kurla Complex (BKC) is to be given by the Maharashtra State Government to the High Court.
Earlier in April 2024, the Bombay High Court had asked the Maharashtra government to look at another location in Goregaon for the new High Court complex. It also asked the government to provide a rough sketch of how easily the proposed coastal road could help people reach the new complex.
Even though many steps had already been taken to shift the High Court to Bandra, this new development in Goregaon created confusion. So, the Supreme Court stepped in and gave a clear decision.
The apex court finally ruled that the new High Court should be built in Bandra itself, not in Goregaon, to avoid further delays and complications.
Case Title: In Re: Heritage Building of the Bombay High Court and Allotment of Additional Lands for the High Court.
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