SC praises state’s ‘proactive’ role in expediting construction of new HC complex

MUMBAI: The Supreme Court on Thursday praised the Maharashtra government’s “proactive role” in expediting construction of the new Bombay high court complex in Bandra after the government said it would hand over the next tranche of 5.25 acres of land to the high court administration by January 31.

The top court was hearing a suo-motu petition based on a letter written jointly by the Bombay Bar Association, the Advocates Association of Western India and the Bombay Incorporated Law Society to the chief justice of India in April 2024. In the letter, the lawyers referred to overcrowding and space crunch in the high court complex in Fort and urged land for a new complex be allocated in the Bandra East plot housing the Government Colony.

The colony was spread over nearly 90 acres and comprised over 300 buildings housing government employees. More than half of the buildings had been deemed dangerous and earmarked for demolition by the Brihanmumbai Municipal Corporation.

In May 2024, the supreme court directed the state government to speed up allocation of 30.16 acres from the government colony plot to the high court for construction of a new complex. Subsequently, the state government told the three-judge bench headed by justice BR Gavai that 4.39 acres of land was handed over to the high court in October 2024 as part the first tranche, and another 5.25 acres would to be handed over by the end of December 2024.

On Thursday, Maharashtra’s advocate general Birendra Saraf told the bench, which also comprised justices Augustine George Masih and K Vinod Chandran, that effective steps had been taken for handing over 5.25 acres to the high court.

“All encroachments have been removed. We are seeking time till January 31 and this land, which was due to be handed over by December 31, will be handed over,” he said.

The advocate general said the process to appoint a project management consultant for the new court complex was underway and the chief justice of Bombay high court had convened a meeting on Thursday evening to review progress.

The bench noted in its order that the state had placed on record a chart on handing over the Bandra land to the high court administration in a phased manner. The advocate general had also informed the apex court that the groundbreaking ceremony for new complex was held on September 23, 2024.

“We appreciate the proactive role played by the state in ensuring that the construction of the building starts at the earliest,” the bench said.

The high court complex in Fort originally comprised 5-6 courtrooms meant to house 10-12 judges, but now accommodates over 40 judges, with the main building alone housing 24 courtrooms. Most of the courtrooms are makeshift and converted from spaces initially earmarked for administrative purposes, judges’ chambers, and storerooms.

Every high court judge has a staff of at least seven to eight, including stenographers, personal assistants, and attendants while the chief justice has a staff strength of 10. Around 4,000 people, including lawyers, litigants and staff visit the high court complex every working day.