Only Bombay HC Should Hear Cases Related To New Bombay HC Land : Supreme Court Transfers Cases From Other Courts

In the suo moto case involving the issue of additional land allotment for Bombay High Court's new complex, the Supreme Court was informed today that out of an area of 4.09 acres, which was to be handed over by March 31, 1.94 acres has been handed over and the remaining (2.15 acres) shall be transferred by April 30.

A bench of Justices BR Gavai and AG Masih heard the matter and posted it to July, while appreciating the efforts made by the state government towards expediting handing over of the possession of the land for construction of the new building.

Considering that there may be multiple proceedings over the remaining tranche of land, thus protracting transfer of its possession, the bench further directed consolidation of all proceedings related to the subject matter before the Bombay High Court.

"[Dr. Saraf] submits that out of an area of 4.09 acres, the possession of which was to be handed over for the construction of the High Court, an area of 1.94 has already been handed over. He submits that insofar as the remaining area of 2.15 acres is concerned, since there are a large number of slums [...], efforts have been taken by the Slums Rehabilitation Authority...he submits that by April end, the state would be in a position to allot vacant possession of the said land also for the construction of the High Court.

...It is informed that there are 21 [cases] pending before the High Court with respect to the subject matter. We therefore request the Hon'ble Chief Justice of the Bombay High Court to assign all the matters which are already pending with regard to the said issue and which may be filed in future to one and the same bench so that they can be decided expeditiously. we further direct that no other court, except the High Court, shall entertain any other proceedings with regard to any issue pertaining to the [...] construction of the High Court. In the event any such proceedings are pending before any of the Courts or Tribunals, the same are directed to be transferred to the High Court", Justice Gavai dictated.

The order was passed after hearing Advocate General Dr Birendra Saraf on behalf of Maharashtra government, who informed that 5.25 acres of land, which was to be handed over by December 31, 2024, was handed over by the end of January. Thereafter, the next tranche to be handed over (by March 31) was of 4.09 acres land, out of which 1.94 acres have been handed over and for the remaining 2.15 acres, time may be given till end of April, as the subject area contains many slums and the Slums Rehabilitation Authority is taking steps towards demolitions, etc. The AG also apprised the Court that till date, total 11.58 acres of land has been handed over.

To read about earlier developments in the matter, click here.

Appearance: Solicitor General Tushar Mehta; Maharashtra Advocate General Dr Birendra Saraf; Sr Advs Nitin G. Takker and Shyam Mehta; AoR Sandeep Sudhakar Deshmukh

Case Details : IN RE: HERITAGE BUILDING OF THE BOMBAY HIGH COURT AND ALLOTMENT OF ADDITIONAL LANDS FOR THE HIGH COURT, SMW (C) No(s). 5/2024

Click Here To Read/Download Order