Bombay High Court new complex: Supreme Court sets August 31 deadline for handover of land

The Supreme Court on Thursday directed the Maharashtra government to issue crucial government resolutions (GRs) to expedite the extension of the Bombay High Court's new complex at Bandra Kurla Complex (BKC). [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 and Justices BR Gavai and JB Pardiwala noted the High Court Registrar General's submission that once the land is handed over, the project should be declared as one of vital importance to ensure that work continues during the upcoming Assembly elections."Mr RM Joshi, Registrar General of Bombay High Court has indicated that State government has to issue two separate GRs regarding handover of entire land in Bandra-Kurla Complex (BKC) to High Court, then declare the project as a project of vital importance so that work continues even during model code of conduct. It is stated that GR for the project of vital importance is initiated. We also direct that GR be issued regarding handover of the land to the High Court, which modifies earlier GR regarding bifurcation. State shall do so by August 31, 2024," the Court said..The Supreme Court was hearing a suo motu case based on a letter petition sent by President of the Bombay Bar Association, Nitin Thakker and others.These letter petitions were sent after the High Court had suggested that the State explore the possibility of having the new building at Goregaon instead of Bandra.The top court in May directed the Maharashtra government to release the first tranche of land necessary to construct the new Bombay High Court building. It emphasised that the State need not wait until December 2024 to hand over the entire 9.64 acres of land earmarked for the project.In July, it was informed that the new building would come up at the BKC premises, for which 4.39 acres of land would be handed over by the State to the High Court by September 10, and that another 30.46 acres would be handed over in due course..During the hearing today, Maharashtra Advocate General Birendra Saraf informed the Court that significant progress has been made and assured that the first phase would be handed over by September 10, 2024.Thereafter, the CJI emphasised the need to expedite repairs in the CPO Complex and the Bank of India (BOI) building, which are being considered as alternate premises for the High Court.The Registrar General of Bombay High Court joined via video conference and highlighted the need for two Government Resolutions (GRs) from the State government - one to declare that the Bombay High Court has complete possession of the entire land at BKC and another to classify the project as being one of vital importance.Solicitor General Tushar Mehta assured the Court of the Central government's support and said he would take up the handing over of the BoI building with the Bank's Chairman..The CJI, after hearing the submissions, directed the State government to issue the necessary GRs by August 31, 2024. The Court also directed that a GR facilitating payments for the project be issued by September 7, 2024.Regarding the possession of the MTNL building, which is being considered as an alternate premise for the High Court, the CJI ordered that possession be handed over by August 31, 2024, with all necessary administrative sanctions expedited to allow for required alterations."Once possession is handed over of alternate premises, let the funds needed by the HC be expeditously released," the Court added..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.That development came about despite the considerable progress made to shift the new High Court building to BKC.The Supreme Court then took up the suo motu case concerning the issue.During the hearing on May 7, the apex court had remarked that Goregaon was not a convenient location for the proposed new High Court complex.Subsequently, the High Court committee and the State held meetings before proposing to go ahead with the original Bandra plan..[Read Order]