The Supreme Court on Monday directed a sharp rebuke at the Maharashtra government over the sluggish pace of land transfer for the new Bombay High Court complex, warning that administrative delays could bring the entire high-stakes development project to a “standstill.”
Expressing strong dissatisfaction with the proposed timeline, a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi questioned the state’s urgency. “The entire project will come to a standstill… Why are you taking so much time?” the CJI asked during the hearing, ordering the state to make every endeavor to expedite the transfer of the remaining land.
The Land Transfer Timeline: Where Things Stand
To build a modern, state-of-the-art judicial complex, the Maharashtra government is required to hand over a total of 30.16 acres of prime land in Mumbai’s Bandra-Kurla Complex (BKC) in a phased manner.
The current status of the land transition reveals a significant gap:
- Land Already Handed Over: The High Court administration has received possession of 20.15 acres.
- Remaining Land (approx. 10 acres): The state government proposed a two-phase schedule to hand over the rest:
- July 31: 5.27 acres to be transferred.
- December 31, 2026: The final 4.74 acres to be handed over.
While the state assured the bench that all remaining land would be under the High Court’s possession by the end of 2026, the apex court found the transition timeline too slow. The project’s ground-breaking ceremony was already conducted on September 23, 2024, following a series of possession handovers starting from July last year when 15.33 acres of an initial 17.45-acre chunk were secured.
Why Does the Bombay High Court Urgently Need a New Home?
The relocation of one of India’s premier judicial institutions is driven by severe space constraints and pressing safety concerns in its current historic premises.
- A 150-Year-Old Legacy: Established on August 16, 1862, the Bombay High Court has functioned from its iconic heritage building near Flora Fountain (Hutatma Chowk) since November 1878. While historically magnificent, the century-and-a-half-old structure is no longer equipped to handle the demands, safety standards, and technological needs of a modern judicial system.
- The Proposed Bandra Complex: The upcoming state-of-the-art campus in Bandra is designed to resolve these limitations by featuring:
- Highly spacious and technologically equipped courtrooms and chambers for judges and registry staff.
- A dedicated Arbitration and Mediation Centre.
- An expansive modern library and a multi-purpose auditorium.
- Enhanced public facilities and amenities for lawyers, court staff, and litigants.
The Bombay High Court holds vast jurisdiction, overseeing judicial matters for Maharashtra through its principal seat in Mumbai and regional benches in Nagpur, Aurangabad, and Goa, alongside the Union Territories of Dadra and Nagar Haveli and Daman and Diu. The court has a sanctioned strength of 94 judges.
Case Background and What Lies Ahead
The Supreme Court is monitoring the progress under a suo motu case titled “In Re: Heritage Building of the Bombay High Court and allotment of additional lands for the High Court”.
The proceedings were initiated following an April 29, 2024, letter petition from Nitin Thakker, President of the Bombay Bar Association, and other prominent bar leaders highlight the deteriorating state of the old heritage building and the urgent need for a new facility.
In its latest order, the Supreme Court has also directed the High Court Steering Committee, which is overseeing the construction, to actively consult and take suggestions from all registered bar bodies, including the Bombay Bar Association.
The Supreme Court has scheduled the next hearing for the first week of August, where the Maharashtra government is expected to present a progress report on expediting the land transfer.
