In a bid to expedite the construction of its new complex, the Bombay High Court has issued an urgent request to the government, imploring them to swiftly transfer possession of the land earmarked for the project at Bandra Kurla Complex (BKC). This appeal comes following the revelation that unauthorized structures have been erected on the designated land, complicating the court's plans.
Government Assures Action as High Power Committee (HPC) Steps In
During a recent session, a division bench featuring Chief Justice DK Upadhyaya and Justice Arif Doctor was informed by the government of their intention to convene High Power Committee (HPC) meetings. These meetings are expected to provide a platform for discussions regarding the construction of the new complex. The government had previously taken a significant step on March 30 when it issued a resolution to allocate 30.16 acres of land in Bandra for this purpose. This led to a memorandum being signed with the Public Works Department (PWD), as the land had been reserved for government housing.
Government Extends Invitation for Possession, But Hurdles Remain
On June 14, 2023, the government formally invited the high court registrar to nominate a representative who would assume advance possession of the land. During the subsequent court hearing, Advocate General Birendra Saraf informed the bench that changing the land's reservation from residential to commercial use would entail a time-consuming process for the government.
High Court Bench Presses for Swift Resolution
In response to these developments, the division bench strongly urged the Advocate General to liaise with relevant government officials. Their emphasis was on ensuring the prompt handover of the vacant land to the high court administration. Chief Justice Upadhyaya emphasized the court's commitment to securing possession of the vacant land as expeditiously as possible. He acknowledged the potential challenges faced by the state but underlined the importance of swift action.
High Court Outlines Its Requirements for New Complex
Furthermore, the court made it clear that it intends to convey its specific requirements for the new complex to the government. This marks a significant step in ensuring that the new complex meets the court's operational needs. The next hearing on this matter has been scheduled for October 11, indicating the court's dedication to resolving the issue promptly.
Government's Prior Commitment to New Complex
Earlier this year, the Maharashtra government officially allocated 30.16 acres of land at Bandra-Kurla Complex (BKC), Mumbai, for a new High Court building, including central tribunals, lawyers' chambers (8.9 acres), and the High Court building itself (21 acres) with judge accommodations. Advocate General Dr. Birendra Saraf confirmed a forthcoming government resolution. These developments stem from Advocate Ahmed Abdi's plea, seeking contempt of court action against the government for not complying with a 2019 High Court order to identify suitable land for the new complex. While Abdi's contempt petition was dismissed, his original Public Interest Litigation (PIL) awaits further instructions, adding complexity to the ongoing legal proceedings.
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