In a significant development concerning the land allotment for the new building of the Bombay High Court, the Supreme Court has ordered that only the Bombay High Court will handle all matters related to this issue. The top court also directed the transfer of all ongoing or future cases on the subject from other courts or tribunals to the Bombay High Court.
This direction came during a suo motu (on its own motion) hearing titled “In Re: Heritage Building of the Bombay High Court and Allotment of Additional Lands for the High Court” on April 9, 2025.
A Bench comprising Justice B.R. Gavai and Justice Augustine George Masih was informed by Dr. Birendra Saraf, the Advocate General of Maharashtra, that of the 4.09 acres of land scheduled for handover by March 31, the state has already transferred 1.94 acres. The remaining 2.15 acres, which include a number of slums, are expected to be handed over by end of April, following eviction and clearance by the Slum Rehabilitation Authority (SRA).
“Efforts are being taken by the Slum Rehabilitation Authority for eviction. By April-end, the State would be in a position to hand over the vacant possession of the remaining land also,”
— Dr. Birendra Saraf, Advocate General of Maharashtra
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The Supreme Court acknowledged the steps taken so far by the Maharashtra Government and stated:
“We place on record our appreciation for the efforts put in by the State of Maharashtra in expediting handover of the land,”
— Justice B.R. Gavai
So far, a total of 11.58 acres of land has been handed over for the purpose of building the new complex for the Bombay High Court. This includes 5.25 acres that were handed over earlier by the end of January 2025 (though initially planned for December 31, 2024).
It was also informed that 21 cases (writ petitions and PILs) are currently pending before the Bombay High Court regarding this land. Considering the complexity and potential delays due to multiple litigations, the apex court has directed that all such existing and future matters be handled by a single Bench of the Bombay High Court for speedy resolution.
“We request the Hon’ble Chief Justice of the Bombay High Court to assign all the matters already pending and which may be filed in future to one and the same Bench, so that they can be decided expeditiously,”
— Supreme Court Bench
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Moreover, the Supreme Court made it clear that no other court or tribunal in the country is allowed to entertain any matter regarding the land earmarked for the High Court’s new building.
“Except the High Court, no other Court or Tribunal shall entertain any proceedings regarding the land allotted for construction of the High Court building,”
— Justice Gavai dictated in the court order
Any such proceedings already pending before other courts or tribunals must now be transferred to the Bombay High Court, as per the top court’s direction.
The matter is now scheduled to be heard next on July 21, 2025.
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
