Supreme Court Bars Commercial or Residential Development on Mumbai Coastal Road Reclaimed Land; Stresses Public Access

The Supreme Court on Monday reiterated that the reclaimed land along the Mumbai Coastal Road (South) must remain open to the public and cannot be used for any residential or commercial development. The top court made these observations while disposing of a Public Interest Litigation (PIL) that had raised concerns over the involvement of private entities, particularly Reliance Industries, in developing and maintaining landscaped areas along the coastal road.

A bench of Justices J.K. Maheshwari and Atul S. Chandurkar underlined that “the land reclaimed should not be utilised for any residential or commercial development/purposes, presently or at any time in the future,” reaffirming a previous order of the Court dated September 30, 2022.

The PIL, filed by Jipnesh Narendra Jain, had challenged the Brihanmumbai Municipal Corporation’s (BMC) December 19, 2024 Expression of Interest (EoI) inviting private agencies for long-term landscaping and maintenance of the reclaimed land. The petitioner specifically sought the quashing of any decision appointing Reliance Industries Limited or Reliance Foundation as the “Volunteer Agency” for the project.

The court, however, noted that its earlier decision had already addressed the concerns raised in the PIL, especially with respect to preventing any profit-driven use of the reclaimed coastal land.

The bench clarified that while maintenance and some development in particular areas may be necessary, the land must “ordinarily remain open for the public”. Referring to the Dharmaveer Swarajyarakshak Chhatrapati Sambhaji Maharaj Mumbai Coastal Road (South), the court stated:

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“The subject area shall ordinarily remain open for the public, except to the extent any development or maintenance work in particular places is required.”

It also reiterated that the landscaping of seaside promenades and road medians is permissible under its prior order, provided the public nature of the space is preserved and no commercial interests are involved.

The BMC’s Mumbai Coastal Road Project is one of the city’s largest infrastructure undertakings, involving significant land reclamation. The civic body had sought private participation through Corporate Social Responsibility (CSR) initiatives to develop landscaped gardens and promenades along the reclaimed sections.

Reliance Industries, through its foundation, was reportedly among the major entities interested in undertaking these beautification and maintenance tasks.

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However, concerns were raised about potential privatization of public spaces and possible violations of the court’s earlier restrictions.

By disposing of the PIL, the court maintained the sanctity of its earlier directives, reiterating that any development on the reclaimed land must strictly serve public interest and cannot be diverted for commercial exploitation—either now or in future.

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