Bombay High Court urges Maharashtra government to take decision on allotment of land for new High Court building

The Bombay High Court on Thursday asked the State of Maharashtra to take a decision on allotment of land for the new High Court building [Ahmad M. Abdi v. State of Maharashtra & Ors.]. .A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne acknowledged that things have moved forward with respect to the land allotment and what remained now was government action. “Things have moved forward. Now it is about coming out with a government resolution. We understand the delay and the exigencies but some decision has to be taken,” the Court said.The Court was hearing a plea seeking contempt of court action against State government authorities for non-compliance with a 2019 High Court order on land allotment.The Court clarified at the outset that it was aware of the delays and the exigencies and was also aware of the fact that the State has made progress in the matter. “We have not taken cognizance of the contempt. We have not issued notice of contempt. The stage (on land allotment) has gone further. The committee board has discussed," the Court further said. .Petitioner in-person, Ahmed Abdi, argued that the contempt petition has been pending for 6 years and the State has not taken any action yet. Abdi claimed the State was in contempt of the order passed by the High Court in January 2019 in the public interest litigation (PIL) petition filed by him in 2012 seeking a new building for the High Court on a priority basis.The High Court had, in January 2019, directed the State government to take a decision on offering a large and convenient plot of land for construction of a new complex for the High Court.The petition by Abdi stated that after the order of January 2019, the High Court directed the file to be consigned to the record room and the Court was in touch with the executive to identify additional space.Since the 2019 order, the State government has completely failed and deliberately ignored' to take steps towards the order, the plea contended.Abdi told the Court on Thursday that updates on the subject of land allotment were coming from the media, but there has been no formal resolution or notification yet from the government. Advocate General (AG) Dr Birendra Saraf, appearing for the State government, sought two weeks to take instructions on the latest position on the land allotment.He also requested the Court to dispose of the contempt petition.“I will take instructions and inform the Court. The plan (on land allotment) is not yet crystallised. But kindly dispose of this petition. I am answerable to the court, but not under the threat of contempt," the AG submitted..The Court then adjourned the matter for three weeks while asking the State to take things forward..Maharashtra Chief Minister Eknath Shinde had stated in November 2022 that land for the new Bombay High Court complex will soon be allotted at Bandra in Mumbai. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.