New Bombay High Court building: Supreme Court rejects Goregaon and proposes alternative location in Bandra

The Supreme Court on Tuesday rejected the proposal to construct the new Bombay High Court building in Goregaon, saying it was not a convenient location.

The Bench of Chief Justice of India (CJI) DY Chandrachud, Justice BR Gavai and Justice JB Pardiwala noted that the name Goregaon apparently emerged from a judicial conversation, adding that it was not a ‘convenient’ site.

The Bench then suggested a piece of land in Bandra East as an alternative location.

The Bench stated that it was aware of the humanitarian aspects involved as there were staff colonies on the proposed land in Bandra and the residents would have to be relocated, noting that the State should act with ‘greatness’ towards the facilities of the Supreme Court.

It emphasized the need for additional space for the Supreme Court, in addition to that for chambers.

The Bench noted that construction would take at least two to three years and noted 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 venue.

The country’s highest court then heard the case for further hearing on May 17.

Stressing the need to commence construction, the Bench expressed concern that the proposed land in Bandra was partially occupied and had not yet been transferred.

It sought assistance from the central government through Solicitor General Tushar Mehta to acquire land at Cuffe Parade to relocate some Supreme Court offices so that a structural and safety audit of the existing building could be carried out.

SG Mehta informed the court that some members of the Bar had approached him in his personal capacity and he had arranged a meeting between them and one of the Deputy Chief Ministers of Maharashtra.

Appearing on behalf of the state government, Maharashtra Advocate General Birendra Saraf assured the Court that the state would support its efforts.

He informed the Bank that the land in Bandra had been identified in October 2022 and a Government Resolution (GR) had been issued to vacate the land.

However, the CJI noted that waiting until December 2024 to transfer the plot was not feasible. Construction of the new building should begin in December and therefore completion 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.

To ensure structural safety of the existing premises, the state PWD would immediately conduct a safety audit and inform the court about the steps taken in that regard at the next hearing.

The Apex Court gave the verdict in a suo motu case on the basis of a petition letter sent by Bombay Bar Association President Nitin Thakker and others.

In April 2024, the Bombay High Court had asked the Maharashtra government to examine the availability of land in Goregaon for the new Supreme Court complex and provide a rough outline of accessibility from the proposed coastal road.

This development came despite the significant progress made in shifting the new Supreme Court building to Bandra.

During that hearing, the Apex Court had made it clear that this will not deter the government from declaring the currently allotted area in Bandra as a special area for vital public projects.