The Supreme Court on Tuesday rejected the proposal to construct the new building of the Bombay High Court at Goregaon, noting that it was not a convenient location.
The Bench of Chief Justice of India (CJI) DY Chandrachud, Justice BR Gavai and Justice JB Pardiwala observed that the name of Goregaon apparently arose out of a court conversation, adding that it was not a ‘convenient’ site.
The Bench then suggested a patch of land at Bandra East as the alternative site.
Stating that it was aware of the humanitarian aspects involved since there were staff colonies on the proposed land at Bandra and the occupants would have to be relocated, the Bench observed that the State must act with ‘alacrity’ towards the High Court facilities.
It stressed on the need for additional space for the High Court, along with that of chambers.
Noting that the construction would take at least two to three years, the Bench determined that a structural and safety audit of the existing building would be necessary.
It directed the Central government, the Chief Justice of the Bombay High Court, and the Chief Secretary of Maharashtra, to hold a meeting and decide on a temporary alternative site.
The top court of the country then listed the matter for further hearing on May 17.
Emphasising on the need for construction to begin, the Bench expressed concern that the proposed land at Bandra was partially occupied and not yet handed over.
It sought help from the Central government through Solicitor General Tushar Mehta to obtain land at Cuffe Parade to shift some offices of the High Court, so that a structural and safety audit of the existing building could be conducted.
SG Mehta informed the Court that some members of the Bar had approached him in their personal capacity and that he had arranged a meeting between them and one of the Deputy Chief Ministers of Maharashtra.
Appearing for the state government, Maharashtra Advocate General (AG) Birendra Saraf assured the Court that the State would support its endeavours.
He apprised the Bench that the plot of land at Bandra was identified in October 2022 and that a government resolution (GR) was issued to vacate the land.
The CJI, however, remarked that waiting till December 2024 for handing over the plot was not feasible. By December, construction of the new building should commence, and therefore, the handing over should be completed by September, he added.
The Apex Court further suggested the High Court to consult the Central Public Works Department (CPWD) and other High Courts to expedite the drawings for the new site.
It said in order to ensure the structural safety of the existing premises, the State PWD would forthwith conduct a safety audit and apprise the court on the next hearing of the steps taken on that regard.
The Apex Court passed the order on a suo motu case based on a letter petition sent by the President of the Bombay Bar Association, Nitin Thakker and others.
In April 2024, the Bombay High Court had asked the Maharashtra government to explore land availability at Goregaon for the new High Court complex and provide a rough sketch of accessibility from the proposed coastal road.
This development came about despite the considerable progress made to shift the new High Court building to Bandra.
During that hearing, the Apex Court had clarified that it will not stop the government from declaring the currently allotted area at Bandra as a special area for public projects of vital importance.