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The Supreme Court of India, in a suo motu petition titled HERITAGE BUILDING OF THE BOMBAY HIGH COURT AND ALLOTMENT OF ADDITIONAL LANDS FOR THE HIGH COURT, has directed immediate action to ensure the timely allotment of land and development of alternative premises for the Bombay High Court. The Order, dated 22 August 2024, addresses critical infrastructure needs for one of India’s oldest judicial institutions.

Status Report and Key Concerns

Dr. Birendra Saraf presented a status report that detailed the structural stability of the current High Court building and its associated structures, which were found to be stable but in need of minor repairs. The report also touched upon the developments at the Bandra Kurla complex, where a new High Court building is proposed.

Representatives from the High Court, the Advocate Association of Western India (AAWI), and the Bombay Bar Association (BBA) voiced several concerns during the hearing. Mr. R N Joshi, the Registrar General of the High Court, highlighted the urgency for the State Government to issue two distinct Government Resolutions (GRs). The first GR is to facilitate the transfer of the entire land at the Bandra Kurla complex to the High Court, while the second GR is to declare the High Court project as one of vital importance, ensuring continuous work, especially during the Model Code of Conduct period for the upcoming Legislative Assembly elections.

Government Action and Deadlines

Dr. Saraf assured the Court that steps to declare the project as one of vital importance have already begun and that the State Government is expected to take all necessary actions to issue the required GRs by 7 September 2024. Additionally, a GR concerning the facilitation of payments for the project is under process and is also expected to be issued by the same deadline.

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Directions Issued by the Supreme Court

To ensure the timely availability of alternative premises for the High Court, the Supreme Court issued the following directives:

a) The possession of alternative premises in the vicinity of the existing High Court buildings shall be handed over by 31 August 2024.

b) The State Government must process all administrative sanctions required by 7 September 2024.

c) A Committee constituted by the Chief Justice will oversee the repair work in the MTNL building (second and third floor), CTO annexe building, and Bank of India building (third floor), with a target completion date of 31 October 2024.

d) Once possession is handed over, any further requests by the High Court for the sanction of estimates and release of funds should be expedited by the State Government.

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Next Steps

The Supreme Court has scheduled the next hearing for 25 September 2024 to review the progress made on these directives.

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