SC Directs Maharastra To Issue GRs For Handing Over Possession Of Land In Bandra Kurla Complex And Declaring Bombay HC Project Of 'Vital Importance'

The Supreme Court, today, directed the Government of Maharashtra to issue GRs regarding the handover of the proposed land in Bandra Kurla Complex ('BKC') to the Bombay High Court and declaring the construction of the High Court project as a project of vital importance.

The Bench of Chief Justice DY Chandrachud, Justice BR Gavai and Justice JB Pardiwala ordered, "During the course of the hearing certain concerns have been highlighted on which we propose to issue following directions...The Registrar of the High Court has indicated that it would be necessary for the State Government to issue two separate GRs dealing with a) the handing over the possession of the entire land at BKC for the purposes of the High Court Project; b) Declaring the project as a project of vital importance in order to ensure that the work continues even during the period of the model code of conduct...We also expect the State Government to take the necessary steps to issue the GRs as indicated by the High Court for ensuring that the entire possession of the land would be handed over in the time envisaged...A fresh GR will be issued to modify the earlier GR as regards the bifurcation of the land...The State Government shall positively do so by September 7, 2024. The GR in regard to facilitating payments for the Project has to be issued. We are apprised that the issuance of the GR is in under process...This GR should be issued by September 7, 2024."

The Court further directed, "As regards the possession of MTNL building...as regards the alternate premise of the High Court in the meantime, we direct that: 1) the possession shall be handed over to High Court by August 31, 2024; 2) The State Government shall process all administrative sanctions shall be issued so that all necessary alterations can be carried out. This shall be done by 7th September, 2024."

Advocate General of Maharashtra Dr Birendra Saraf submitted a status report on the ongoing developments at the BKC and regarding the alternative premises which are to be made available to the High Court in the meantime. He also submitted that the work is progressing well. The report also stated that the State is taking all the steps to comply with the directions for handing over the land and the first phase of land will be given by September 10, 2024, i.e. area of 4.93 Acres.

CJI said, "Whatever changes/repairs the High Court requires, that needs to be expedited. Administrative approval and sanction of the funds to be granted quickly."

Saraf replied, "The MTNL Building...the final possession is yet to be handed over and also for the CTO Building."

The Registrar General of the Bombay High Court appeared and submitted that the two GRs need to be issued by the State Government.

Registrar General said, "The First thing is there are two GRs required to be issued by the State in respect of fact that without any reservation, the entire land shall be at the disposal of the High Court. The Second GR is in respect of BKC...We will be sending our requirements so that the estimates and further progress is speed up."

CJI replied, "So far as the administrator estimates which have to be prepared and forwarded by the High Court to the PWD as the case maybe, that exercise can be done right away. Why wait for the possession to be handled?"

Saraf also said, "Please be rest assured I am following it up on a regular basis. I have got the full survey done of the Area of all the encroachments on that area. We are trying to identify the entire course of action..."

CJI remarked, "We don't want to create another impediment in the project by judicial order. Let then, tactfully...the Government is in charge, they know how to get these things cleared and let them do."

The Advocate General also made a request to the Solicitor General Tushar Mehta regarding the Bank of India Building's existing lease by the State of Maharashtra, to inform the Bank that the High Court will be the new occupant. The Court asked Mehta to do the needful. 

The Court also directed that once possession is handed over to the High Court as regards the alternate premises, the funds needed by the High Court must be expeditiously released.

Senior Advocate Nitin Thakker for Bombay Bar Association was also present and submitted that the first plot which the High Court is getting is a small ground and the second plot has Gautam Buddhnagar slum. He said that if the slum is not vacated till March 2025 then it is only a stumbling block. Therefore, he requested for an administrative committee of the State Government that will work in this direction, so that timelines are adhered to.

On July 15, 2024, the Advocate General informed the Court that the 4.39 acres of land at the BKC would be handed over to the Bombay High Court by September 10, 2024, and the Maharashtra Public Service Commission has also agreed to hand over the premises. 

The Supreme Court previously had directed the Government of Maharashtra to release the first tranche of land for the construction of the new Bombay High Court Building in the 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.

Cause Title: In Re: Heritage Building Of The Bombay High Court And Allotment Of Additional Lands For The High Court (SMW(C) No. 5/2024)