Shifting the Bombay High Court: The story so far

The PIL on shifting the Bombay High Court was heard today by a bench of AS Oka and AA Sayed JJ in Court room 13. Today’s arguments saw senior counsel AA Kumbhakoni providing details on the facilities available at some of the newer court complexes, such as the Lucknow Bench of the Allahabad High Court, and the Saket District Court complex in Delhi..Appearing for the administrative side of the High Court, Kumbhakoni informed the bench that a total 40.2 acres were acquired for the new premises of the Lucknow bench. He also said that a total of 1,400 crores had been earmarked for this project by the Uttar Pradesh, out of which the state government had already released 971 crores. In fact, around 178 crores has been sanctioned for parking facilities alone. With the courts already functioning, this new court complex in Lucknow is nearing completion. The construction work started in 2012..After looking at the facts and figures presented, Oka J observed.“All of this is still the [Lucknow] bench, not even the principal seat of the High Court (in Allahabad)”.After Kumbhakoni concurred and pointed out how the Maharashtra state government struggles in allocating funds for basic court infrastructure matters, acting Advocate General Rohit Deo remarked,.“If they want facilities like Lucknow, they should think of Nagpur because we do not have such space in Mumbai!”.Deo then went on to submit that once the technical consultants held presentations about the architectural and other infrastructural details, the state would start the preliminary work..Deo said,.“We want to execute a “world class” project keeping in mind the crucial aspect of town planning. We want to allot the best possible plot with the best possible access from the highway”.Earlier the state government had agreed to allot the requisite land in Government Colony near the Bandra-Kurla complex..The issue of moving from the current 138 year old structure has been a contentious one..At the Bombay Bar Association’s (BBA) recent extraordinary general meeting, prominent voices at the Bar made their views clear. Although the BBA did not oppose the move in principle, certain disclaimers were added. Weeks ago, the Bombay Incorporated Law Society (BILS) filed an intervention application in support of the move but sought chambers for its members as well..The BILS was not the only one to intervene..An intervention application was also filed by Rajan Jayakar, a curator responsible for renovation and restoration work in the High Court, opposing the move. Even former Chief Justice of the Bombay High Court and ex-Supreme Court judge, Sujata Manohar wrote an article in The Hindu saying that the heritage and cultural history of the present building could be protected while also meeting the needs of a modern High Court..So even though there is a growing number of opposing voices, the state seems to be moving at a steady pace, albeit guided by the High Court, towards shifting.