KHCAA to move Supreme Court to oppose State bid to acquire land for new Kerala High Court building

The Kerala High Court Advocates' Association (KHCAA) has written to the Chief Justice of the Kerala High Court informing him about the Bar body's opposition to the State government's proposal to move the High Court to the Kalamassery suburb of Kochi city.

The proposal for establishing a judicial city came about after complaints arose about the condition of the present High Court building, which is nestled in the heart of Kochi city. While it is well-connected, the area is prone to severe waterlogging, and parking space is scarce. The High Court building is also a stone's throw away from Mangalavanam Bird Sanctuary, an ecologically sensitive area. 

The State government's proposal to relocate the High Court to Kalamassery received the State Cabinet's nod in September this year. The State decided to acquire 27 acres of land in Kalamassery, owned by HMT, and begin construction of the project, which is estimated to cost over ₹1,000 crores.

The State subsequently moved the Supreme Court seeking permission to take possession of the 27 acres of land for establishing the proposed ‘Judicial City’. The State's application for the same was filed in a case filed by HMT in 2016 concerning land ceiling proceedings with respect to 400 acres of HMT-owned land.

The State sought to modify earlier status quo orders to enable it to take over 27 acres for the proposed judicial city.

KHCAA has staunchly opposed the proposal for years and in its Annual General Body meeting on November 27, the Bar body passed a resolution to intervene in the matter before the Supreme Court to oppose the relocation.

In its letter to the Chief Justice of the High Court, KHCAA explained that its reasons for opposing the relocation were multifold.

The following are KHCAA's main contentions:

1. The present High Court building is less than 20 years old and relocating it in this manner will raise serious questions on inadequate planning and spending of State funds.

2. Building a judicial city to house the High Court cannot be justified when courts in the District Judiciary in Kerala operate from old, dilapidated buildings or rented buildings, and lack proper facilities.

3. The present building has about 6 lakh sq. ft of space that is adequate and can easily be expanded to have 60 courtrooms, especially since the Kerala High Court is computerised and all physical files can be eliminated. KHCAA suggested that all physical files can be moved to another building close by, which can be developed as 'record rooms'.

4. There is adequate land around the present High Court if further expansion is required, such as the 17.73 acres of Housing Board land adjacent to the building. This State government has declared that the land will be used to develop an international convention centre. KHCAA contended that the public would be better served if the land were earmarked for the High Court's expansion instead.

5. The State government has continued to spend considerable amounts of money on infrastructure developments around the present High Court Building. Discarding these structures would be a "criminal waste" of public money, KHCAA argued.

6. While the present building is in the heart of the city, the proposed judicial city is in a suburb without adequate facilities

7. There were no deliberations before the Full Court of the High Court before the State moved the Supreme Court with its application.

8. The Bar will be uprooted and it will take decades to resettle, especially for advocates from the middle class and financially vulnerable sections. According to KCHAA, land prices around the judicial city have skyrocketed since the State announced its proposal.

9. The proposal to relocate was advanced due to the influence of "real estate lobbies".

10. The proposed judicial city falls within the constituency of the present State Law Minister P Rajeev. This conflict of interest raises serious concerns, KHCAA stated..