The Supreme Court has directed the Maharashtra government to release the first tranche of land necessary for the construction of the new Bombay High Court building.

The bench comprising Chief Justice of India (CJI) DY Chandrachud along with Justices BR Gavai and JB Pardiwala stressed that the State government is not required to wait until December 2024 to hand over the entire 9.64 acres earmarked for the project.

"We direct Maharashtra govt to release the first tranche of land for the construction to commence. The Government of Maharashtra need not wait till December 2024 to hand over the entire 9.64 acre of land," the Court said.

In a suo motu case initiated based on a letter petition sent by the President of the Bombay Bar Association, Nitin Thakker, and others, the Court was hearing the matter. During the previous hearing on May 7, the Court had observed that Goregaon was not a convenient location for the proposed new High Court complex. Consequently, it had ordered expedited action towards relocating the current complex to Bandra.

In April, the Bombay High Court had instructed the Maharashtra government to investigate the availability of land in Goregaon for the new High Court complex. Additionally, they were directed to furnish a rough sketch outlining accessibility from the proposed coastal road.

Despite significant progress towards relocating the new High Court building to Bandra, this development occurred. Subsequently, the Supreme Court took up the suo motu case related to the issue. In the previous hearing, the apex court acknowledged the existence of staff colonies on the proposed land in Bandra but emphasized the necessity of additional space for the High Court.

Given that the construction process would span at least two to three years, the Chief Justice of India (CJI) had concluded that conducting a structural and safety audit of the existing building was imperative. To facilitate this, the Court had instructed a meeting between a representative of the Central government, the Chief Justice (CJ) of the Bombay High Court, and the Chief Secretary of Maharashtra to explore options for a temporary alternative site.

In today's hearing, Solicitor General Tushar Mehta apprised the Court that the Chief Justice of the Bombay High Court had stressed the necessity of establishing a dedicated Bombay Arbitration Centre. He further mentioned that vacant floors in the Air India building could be considered for this purpose. Additionally, he highlighted the availability of space in the Bandra Kurla Complex (BKC) as another potential option.

In response, Justice Gavai recommended BKC as a preferable location, citing its proximity to the upcoming High Court. Building on this suggestion, the CJI proposed transferring vacant buildings, no longer owned by the government, to the Public Works Department (PWD) to streamline the process of demolition and construction as needed.

Subsequently, SG Mehta updated the Court, recommending a design competition for the new High Court building. However, he noted that the Chief Justice of the Bombay High Court favored selecting the best among four to five top architects, with input from the bar and bench for the final decision. The CJI acknowledged that the State had initiated a structural audit of the existing High Court premises and had taken measures to secure alternative premises.