A.S. Oka, J.

OVERVIEW

“….the Bombay High Court has stood, and is accepted by the public as standing, as the proverbial 'temple of justice', where judges stand away from extraneous influence and justice is dispensed without fear or favour.” This is what late Shri K.M.Munshi said about the High Court of Judicature at Bombay.

Under a Charter issued by Her Majesty, Queen Victoria on 26th June 1862, the High Court of Judicature at Bombay was established on 14th August 1862. The Letters Patent had authorised appointment of 15 Judges, but the Court worked only with 7 Judges for sixty years. Thus, it is a 156 years old institution. On 17th April 1871, construction of the present building of this Court at Mumbai commenced which was completed in November 1878 and functioning of this Court in the present building commenced on 10th January 1879. The material placed on record will show that the building as originally constructed was meant for six to seven Courts which were located on the second floor. Now, the sanctioned strength of the Judges of the Bombay High Court is 94. When all the posts are filled in, about 50 Judges will have to function at the principal seat at Mumbai. During last few years, not less than 35 Judges are sitting at the principal seat of this Court at Mumbai. In the Annex building which runs parallel to the main building, small Court rooms and chambers have been set up during last few years by converting offices of the Registry. Even this building is more than 60 years old which was not meant to be a building for Court rooms of this Court. The affidavits filed on record and the orders passed by this Court from time to time will show that all the stakeholders including three historic Bar Associations (i) Advocates' Association of Western India (for short “AAWI”), (ii) Bombay Bar Association (for short “Bombay Bar”), and (iii) Bombay Incorporated Law Society (for short “Law Society”) have accepted the position that if this Court is to function efficiently, it needs to be shifted to a bigger premises having ultra modern facilities which are available in several other High Courts in the country. Their contention is that a plot will have to be provided near the new High Court complex for construction of chambers for the lawyers.

2. A 138 years old building which was constructed to accommodate 5 or 6 Courts is still being used along with parallel High Court annex building though the sanctioned strength of the Judges has progressively increased. In the subsequent part of the judgment, we have referred to some figures of pendency which will indicate that as far as civil and criminal matters on the appellate side of the principal seat are concerned, between 1990 to June 2018, the pendency has doubled as a result of increase in filing. There is a manyfold increase in number of staff members as indicated in the subsequent part of the judgment. The same is the case with number of the members of the Bar practising in this Court.

3. The prayer in this PIL, inter alia, is for issuing a writ of mandamus enjoining the State Government to provide a new building for this Court with fixtures, furniture and other infrastructure on priority basis. The second prayer is for appointing a High Power Committee consisting of all stakeholders for implementation of the project of new building. The petitioner has set out the amenities and facilities which are required to be provided in the new High Court complex.

4. The credentials of the petitioner who is a member of the Bar have been set out in the petition and, in particular in clauses (a) to (f) of paragraph 2.

OEDERS PASSED IN THIS PIL

5. Before we go to the affidavits filed in the petition and the submissions, a brief reference will have to be made to the orders passed from time to time. The first order which is of some significance is the order dated 10th September 2014 which notes th