News Article

NEW DELHI – The Government of Kerala has moved the Supreme Court of India, seeking to modify a long-standing status quo order to acquire 27 acres of land held by Hindustan Machine Tools (HMT) for the construction of a state-of-the-art "Judicial City." This ambitious project aims to relocate and expand the severely congested Kerala High Court, addressing its pressing need for modern infrastructure.

The application was heard by a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, who issued a notice to HMT and other respondents. The State's plea is an interlocutory application filed within a dormant civil appeal, HMT (MACHINE TOOLS) LTD v. TALUK LAND BOARD KANAYANNUR & ORS (Civil Appeal No. 271 of 2016), which has been pending before the apex court for nearly a decade.

The core of the matter revolves around a 2016 interim order by the Supreme Court that mandated a status quo on the land in Kalamassery, effectively freezing any transfer or development. The Kerala government now argues that the "irreparable hardship" caused by the infrastructural deficit at the High Court necessitates a modification of this order, paving the way for a project of immense public importance.

The Proposal: Land for Justice

The government's application outlines a clear and urgent need. The current Kerala High Court complex, situated on a mere 11-acre plot in Kochi, is described as critically overburdened. With an estimated requirement of at least 30 lakh square feet of built-up area in the coming years, the existing facilities—lacking adequate courtrooms, chambers, parking, and administrative space—are insufficient for present needs, let alone future expansion.

To address this, a High-Power Committee, consisting of six judges from the Kerala High Court, was constituted in early 2024. After extensive consultations and site inspections, the committee identified the land at Kalamassery as a viable location for the new Judicial City. The Chief Minister of Kerala has given in-principle approval for a project requiring at least 50 acres, with the 27-acre HMT parcel identified as the crucial first phase.

In its application before the Supreme Court, the State has requested permission to:

"...take possession of 27 acres now under the possession of HMT subject to the state depositing the compensation for transfer of 27 acres, as per the Basis Valuation Report, 2014 by way of an FDR, in the name of the Registrar General of the High Court, in a nationalized bank."

This proposed mechanism for compensation is a pivotal aspect of the State's legal strategy, designed to balance the project's urgency with the pending rights of the litigants in the main appeal.

Navigating a Legal Quagmire

The legal history of the land is complex. The dispute originates from the State's attempt to resume approximately 400 acres from a larger 900-acre parcel originally acquired in the 1960s and allotted to HMT, a Central Public Sector Undertaking, for a machine tool factory. Over the years, significant portions of this land remained unutilised.

The State's resumption efforts under the Kerala Land Reforms Act were challenged, leading to a 2014 judgment by the Kerala High Court. The High Court ruled that the land, being government land allotted to HMT after the statutory cut-off dates, could not be subjected to ceiling proceedings under the Act. It is this judgment that the State challenged in the Supreme Court, resulting in the 2016 appeal and the accompanying status quo order.

In its current application, the Kerala government, represented by AOR Nishe Rajen Shinker and advocates Alim Anver, Santosh K, and Anna Oommen, has drawn the Court's attention to precedent. The State highlighted that the Supreme Court had previously relaxed the same status quo order in 2024 and 2025. These modifications permitted the use of other portions of the HMT land for critical public infrastructure projects, including the Seaport-Airport Road and a KINFRA Hi-Tech Park.

Crucially, in both prior instances, the Court's permission was conditional upon the State depositing the market value of the land, calculated as per the 2014 Basic Valuation Report, in a fixed deposit under the name of the High Court's Registrar General. The State assures the Court it will follow the same arrangement for the 27 acres intended for the Judicial City, ensuring that HMT's potential financial interests are secured pending the final adjudication of the appeal.

The Broader Implications for Judicial Infrastructure

The Kerala government's move underscores a nationwide challenge: the urgent need to modernise and expand judicial infrastructure to keep pace with the demands of the justice delivery system. The concept of a "Judicial City" represents a forward-thinking approach, aiming to consolidate judicial functions—including courtrooms, mediation centres, judicial academies, archives, and staff housing—into a single, integrated campus.

Legal experts note that the State's reliance on modifying an interim order in a pending appeal is a pragmatic, albeit legally intricate, approach. By offering to deposit compensation upfront, the government mitigates potential prejudice to the opposing party while advancing a project of significant public interest. The success of this application could set a precedent for other states facing similar hurdles where land earmarked for public projects is embroiled in prolonged litigation.

The outcome of this application will be closely watched by the legal fraternity. If the Supreme Court grants the modification, it will not only greenlight a landmark project for the Kerala judiciary but also reaffirm the principle that courts can, and should, balance the preservation of litigants' rights with the pressing needs of public welfare and the effective administration of justice. The final disbursement to HMT would, of course, remain contingent on the ultimate outcome of the decade-old appeal over the land's ownership and resumption rights.