Hand Over First Tranche Of Land In BKC For New Bombay HC Building By September, Complete Architectural Design At Earliest: Supreme Court
The Supreme Court, today, directed the Government of Maharashtra to release the first tranche of land for the construction of the new Bombay High Court Building in the Bandra Kurla Complex (BKC) by September this year and also directed to expedite the process of finalizing the architectural design for the proposed new High Court building in BKC.
A Special Bench of Chief Justice DY Chandrachud, Justice B.R. Gavai and Justice J.B. Pardiwala ordered, “We would request the Chief Justice to take up this aspect with all reasonable dispatch so that the appointment of an architect for preparations of plans and architectural designs is completed at the earliest possible date… We direct the Government of Maharashtra to make all endeavours to hand over at least the first tranche of land admeasuring 9.64 acres by the end of September 2024… The govt of Maharashtra need not wait till the end of December 2024 to hand over the first trench of 9.64 acres of land. We are informed that the government of Maharashtra is making all endeavours for setting up an Arbitration Centre. It is in contemplation that the Arbitration Center would be set up in the BKC. In the meantime, endeavour is being made to make some interim arrangements in the Air India building.”
Solicitor General Tushar Mehta appeared for the Centre, Advocate General of Maharashtra Dr. Birendra Saraf appeared for the State, Senior Advocate Venkatesh Dhond for the Bombay Bar Association, Senior Advocate Nikhil Sakhardande appeared for the Bombay Incorporated Law Society and Advocate Naik appeared for the Advocate's Association of Western India.
Tushar Mehta submitted, “Chief Justice flagged one more issue, not concerning the High Court building but it was an initiative, that Bombay needs an independent arbitration centre. So the desire of the Chief Justice was that there is a building called Air India building where, according to the information of the Registry of the High Court, one or two floors are vacant…There is a contemplation of a separate Arbitration Center in Bandra Kurla Complex.”
Justice Gavai remarked, “BKC is a good option if the High Court building is likely to be shifted there, all lawyers’ offices would be there. It would be in the vicinity of the High Court.”
The Chief Justice continued the remark, “Also then we can reconstruct a new arbitration centre for the High Court near the BKC complex correct? In the meantime, for the next 2 years or 3 years of construction, if you can create an arbitration centre for the High Court in the Air India building.”
Advocate Manoj Shirsat who appeared for the original Petitioners before the High Court, submitted that three buildings adjacent to the building of the High Court namely HSBC Bank, Standard Chartered and Bank Of India may be acquired for the High Court Building.
Justice Gavai then asked, “You are opposed to shifting to Bandra?” The Counsel replied in the negative.
SG Mehta further submitted that BOI was first very reluctant to give their area, but later on, agreed after persuasion.
Chief Justice remarked, “We have to be very careful. We cannot acquire the HSBC or Standard Chartered. You don't go around acquiring the premises of international banks. What kind of message we would be sending across to the international financial community?”
Chief Justice asked the Advocate General whether the Central Telegraph Office(CTO) can be considered, as it is across the road.
Advocate General Saraf submitted, “In the CTO building there is a proposal of the High Court which is 8000 square feet in the building. The state government has assured the court(Bombay High Court) that they will consider the proposal in the next few and do the needful…”
Chief Justice said, “Ask the State to give the CTO’s 8000 sq feet. And additional 18000 sq feet in the MTNL Building.”
The Advocate General also submitted that in the Bank of India(BOI) building, the third floor was given to MPSC to keep its record, which will shift somewhere else, and BOI has agreed to give 12,500 sq feet of space to the High Court.
The Advocate General further submitted that the appointment process of an architect for the new design for the High Court has also been initiated and will take two to three months.
The Court ordered that the Chief Justice of the High Court should continue to hold meetings to facilitate construction and other ancillary matters. The Court recorded its appreciation for the proactive efforts taken by the Solicitor General, the AG of Maharashtra and the Chief Secretary of the state. The Court adjourned the matter to July 15, on which date, the Court is to be apprised of the further progress made in the matter.
Cause Title: In Re: Heritage Building Of The Bombay High Court And Allotment Of Additional Lands For The High Court