The
Supreme Court on Friday asked the Maharashtra government to strive to handover
by the end of September the first tranche of land for construction of a new
Bombay High Court building.
A
bench headed by Chief Justice of India D Y Chandrachud asserted that the state
authorities need not wait till the end of the year to handover the entire land
and smaller areas can be given as they become available.
"We direct the Maharashtra government to make
all endeavour to hand over the first tranche of land of 9.64 acre by the end of
September 2024. The government of Maharashtra need not wait till December to
handover the entire 9.64 acre and smaller areas could be handed over. All
endeavour be made for 9.64 acre to be handed over by September 30, 2024,"
the court said.
The
top court was hearing a case under its suo motu (on its own) jurisdiction,
initiated after taking note of an April 29 letter petition of Bombay Bar
Association president Nitin Thakker and other bar leaders with respect to the
urgent need of accommodation for the High Court of judicature at Bombay whose
existing building is 150 years old.
It
titled the case 'Heritage Building of the Bombay High Court and allotment of
additional lands for the High Court'.
The
top court was earlier informed that the high court has approved the proposal of
the Maharashtra government for a land at Bandra East in Mumbai but some portion
of the land was being occupied by government housing colonies.
On
Friday, Advocate General for Maharashtra assured that the authorities were
trying their best to facilitate construction of the new building for the high
court and the deadline of December would be followed for providing the land,
stating it was part of an integrated development and at present the Model Code
of Conduct was in place.
"For
planning you don't require MCC (to be lifted). The Election Commission will
give you the exemption. You expedite 9.64 acre by September," the court
stated.
The
bench, also comprising Justice B R Gavai and Justice J B Pardiwala, was further
told that the state government has ordered a structural audit of the high court
and the work will begin soon and that the process of acquisition of alternative
premises for the high court has also progressed.
Advocate
General for Maharashtra said the government has proposed an agreement with the
MTNL and Central Telegraph Office (CTO) in relation to their premises having
18,000 sq ft and 8,000 sq ft area, respectively.The CTO premises is subject to
structural audit, he said.
Solicitor
General Tushar Mehta said after "some reluctance", the Bank of India
has left to the dignitaries the decision with respect to making available
around 12,000 sq ft of its premises to the high court.
Mehta
further said the process of appointment of an architect for developing the new
building has also taken shape. He stated that the mode of calling expressions
of interest from a few renowned architects for finalising the plan has been
preferred over having a "design competition" or an open process.
SG
Mehta said the final plan should be considered in consultation with the bar and
the bench.
"We
request the chief justice (of Bombay High Court) to take up the aspect with
reasonable dispatch so that the appointment of the architect is complete at the
earliest," the bench stated.
SG
Mehta also informed that the government will make all endeavours for setting up
an arbitration centre at the Bandra Kurla Complex and the proposal to make
interim arrangements for the same at the Air India building is at an
exploratory stage.
The
matter would be heard next on July 15.