Supreme Court asks Maharashtra government to 'forthwith' conduct safety audit of Bombay HC building

New Delhi: The Supreme Court on Tuesday took note of concerns over the safety of the 150-year-old Bombay High Court building and the need for additional space, and directed the Maharashtra government to “forthwith” conduct a safety audit of the heritage structure.

A special bench of Chief Justice D Y Chandrachud and Justices B R Gavai and J B Pardiwala also asked the government to expedite drawings of the site earmarked for constructing new high court building in Mumbai.

Observing that the state government “must act with alacrity” to fulfil the needs for facilities in the high court, the bench asked the state PWD to take up the matter in right earnest. It also said the high court may consult the state PWD and others on expediting the drawings.

“In order to ensure the structural safety of the existing premises, the State PWD will forthwith conduct a safety audit and apprise it on the next hearing of the steps taken on that regard,” the bench said.

The top court exercised its motu (on its own) jurisdiction in taking note of an April 29 letter petition of Bombay Bar Association president Nitin Thakker and other bar leaders. It titled the case "Heritage Building of the Bombay High Court and allotment of additional lands for the High Court".

”The assumption of the suo motu jurisdiction of this court has been premised on the urgent needs of accommodation for the High Court of judicature at Bombay. The existing building is 150 years old. The High Court has approved the proposal of the Maharashtra government for land at Bandra East in Mumbai,” the bench said.

It said some portion of the land, proposed for the new high court building at Bandra, is presently occupied by some government housing colonies.

The state government’s resolution was issued in March 2023 and the steps were being taken to hand over the vacant possession to land to the high court, said the state government's advocate general Birendra Saraf.

“We are aware of humanitarian aspects involved since staff colonies exist on the government land and occupants have to be relocated,” the bench said.

“We are of the considered view that the state government must act with alacrity towards the high court facilities. The need for additional space for the high court is pressing along with that of chambers...,” the bench said. It added that some additional space was needed near the present high court building in south Mumbai's Fort area for effective functioning.

It took note of the assurance given by Solicitor General Tushar Mehta, who supported the need for a new high court building in Mumbai, and asked him to use his good office for finding the solution.

The CJI said that taking up the case by the top court will not affect proceedings before the Bombay High Court.

In April, the Bombay High Court had asked the Maharashtra PWD to explore the availability of land in suburban Goregaon for the new HC complex and provide a rough sketch of its accessibility from the proposed coastal road.

The high court had said it would not stop the government from declaring the presently allotted land at Bandra (East) as a special area for a “public project of vital importance”. It had expressed displeasure over the delay in handing over vacant possession of the 30.13-acre land in Bandra (East).

It added that while the Goregaon (West) land was not accepted earlier due to accessibility issues, it could be a better idea to explore the same due to the proposed coastal road.

The high court was hearing a contempt petition by lawyer Ahmed Abdi that claimed the government’s non-compliance in a 2018 high court order on land allotment.