Apex Court Asks State To Examine And Repair PWD & Annex Buildings Adjacent To Bombay High Court

The Supreme Court, today, has asked the State of Maharashtra to examine and consider the repair/redevelopment of the Public Works Department Office Building and the Annex Building of the Bombay High Court which are adjacent to the building of the Bombay High Court.

The Court was hearing the suo moto petition regarding the heritage building of the Bombay High Court and the issue of additional land allotment.

The Bench of Chief Justice DY Chandrachud, Justice BR Gavai and Justice JB Pardiwala ordered, "The groundbreaking ceremony for the new complex of the High Court of Judicature of Bombay has been concluded recently. The process of redevelopment is being taken up on an ongoing basis by the Chief Justice and Senior Judges of the High Court with the senior functionaries of the State Government. At this stage, during the course of the hearing, we have suggested that a meeting may be held between the Chief Justice and the senior judges of the High Court in the administrative committee and the Chief Secretaries and other functionaries of the State Government, including the learned Advocate General, particularly having regard to the fact that some portions of the PWD Building and the Annex Building adjacent to the High Court are in urgent need of repair. The Offices of the Advocate General and the Government Pleaders are situated in the PWD Building. Mr. Joshi, Secretary General of the High Court has submitted that some part of the PWD Building has had to be cropped up to ensure safety. Whether the PWD Building and the Annex Building can be redeveloped in the meantime, pending the conclusions of the wider project of the shifting of the High Court Building to the Bandra in an aspect which may be considered at an appropriate level."

The Court asked the State Government to examine the building and consider the repair/redevelopment of the PWD building and the Annex building. 

Advocate General of Maharashtra Dr Birendra Saraf said that they can consult the High Court in this regard. 

CJI said, "Now that we got the other buildings like the Bank of India, the MTNL...some of the offices which are housed in the PWD Building can be shifted there."

Justice Gavai said to Saraf, "Your office is also situated there, in the PWD Building."

Saraf replied, "The PWD Building as of now, which houses these buildings is not dilapidated, but if redevelopment is required, we have to find a substantial place to shift because in the Annex Building also there are large number of courtrooms. We are happy to have a discussion with the High Court."

Justice Gavai asked, "Annex Building is there for a long time...is it really dilapidated?"

Saraf replied, "No, I don't think it is dilapidated."

Secretary General of the Bombay High Court then submitted, "Though the building is structurally stable, it will require repairs."

Justice Gavai said, "Dr Saraf is situated in the building, he can personally verify."

CJI said, "I sat in that building for a long period, there was a reason for it, the other courtrooms were not air conditioned at that time. But the Anex Building courtrooms were air-conditioned, so we were the first judges who got air-conditioned courtrooms...Chambers were also large...I had an umbrella, one day in the monsoon, soon after my appointment...we had a leakage in the monsoon."

On August 22, 2024, the Court had 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.

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)