Bombay High Court criticises Bar Association’s step on expeditious construction, funds

Taking the attitude of the government agencies in distaste, it asserted that if the government does not prioritise court infrastructure – as it does to defence establishments, police stations and the buildings for civic administrations – the HC will be forced to entertain such litigations.

“The state should not pride itself on its responses to the innumerable petitions being filed and entertained right from the Supreme Court to several High Courts in the country, including our own. These responses reveal that the state makes huge and tall promises, and approvals but these remain firmly on paper. When it comes to releasing funds for actual construction work, it is actually not being done,” it observed.

Aware of the cost of the restoration pegged around Rs 375 crore, the court found it hard to believe that phase-wise distribution of funds by the government could ensure timely completion of the project, leave alone one ahead of the schedule.
Take a leaf out of HC’s book. And to make the government discern that such a move of expeditious restoration is not an unprecedented one, the High Court urged babus to visit it.

“We would urge the officers in charge to take a few minutes off to visit this HC and, in particular, the commemorative marble plaque on the walls of the central stairwell of this court. That in itself shows that a century and a half ago, this magnificent building, even then very much seen as necessary infrastructure for the sovereign function of administration of justice, was completed ahead of time and within the budget. We see no reason why 150 years later, we should pride ourselves on having lost such capabilities. That is surely nothing of which to be proud (sic),” it said.

It observed that the buildings in which the courts are housed were dilapidated. “One cannot expect the courts to function in buildings meant for municipal markets. We hope that the state will now take note of this and ensure that the necessary construction activity is undertaken with regard to all such projects which are pending, including Mazgaon Court Building,” the HC remarked. The matter will again be heard on March 30, 2016.