Goregaon not convenient for new Bombay High Court building: Supreme Court to Maharashtra

The Supreme Court on Tuesday remarked that Goregaon was not a convenient location for the proposed new Bombay High Court complex and ordered expedited action towards relocation of the current complex. (In Re: Heritage Building of the Bombay High Court and allotment of additional lands for the High Court)

A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices BR Gavai and JB Pardiwala observed,

“I believe it arose out of a court conversation. But Goregaon is not convenient. There is land at Bandra East.”

The Court acknowledged that staff colonies exist on the proposed land in Bandra, but stressed on the need for additional space for the High Court.

“We are aware of humanitarian aspects involved since staff colonies exist on government land and occupants have to be relocated. Conscious as we are of the same, we are of the considered view that the State must act with alacrity towards the High Court facilities. The need for additional space for the High Court is pressing along with that of chambers etc,” the Court said.

However, since the construction would take at least two to three years, the CJI determined that a structural and safety audit of the existing building would be necessary.

For the same, 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 to discuss a temporary alternative site.

The matter will now be heard further on May 17.

The CJI and Justice Gavai both hail from Maharashtra, and the Bombay High Court is their parent High Court.

The Court was hearing a suo motu case based on a letter petition sent by the President of the Bombay Bar Association, Nitin Thakker, and others.

The Bombay High Court had in April asked the Maharashtra government to explore land availability at Goregaon for the new High Court complex and to 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 Court clarified that it will not stop the government from declaring the currently allotted area at Bandra as a special area for public project of vital importance.

During today’s hearing, the Supreme Court emphasized the need for construction to begin and 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 can 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.

Maharashtra Advocate General (AG) Birendra Saraf assured the Court that the Maharashtra government would support its endeavours. He informed the Court 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.

Further, the Court directed that the High Court may consult the Central Public Works Department (CPWD) and other High Courts to expedite the drawings for the new site.

“In order to ensure the structural safety of the existing premises, the State PWD will forthwith conduct a safety audit and apprise the court on the next hearing of the steps taken on that regard,” it said.