Supreme Court Upholds Decision to Preserve Green Spaces in Navi Mumbai Against Reallocation to Builders

The Supreme Court has dismissed an appeal by the City and Industrial Development Corporation (CIDCO) against a Bombay High Court ruling, which had prevented the Maharashtra government from reallocating land designated for a sports complex to private builders in Navi Mumbai. The bench, led by Chief Justice of India D.Y. Chandrachud, underscored the importance of maintaining green spaces within urban locales, particularly for the well-being of children in such densely populated areas.

During the proceedings, CJI Chandrachud highlighted the critical role that such green spaces play in urban settings, noting, “We need some green spaces for our children, especially in cities like Mumbai. These are some of the few remaining green lungs left, and we must preserve them.” He lamented the frequent conversion of these areas into commercial and residential developments, pointing out the negative impact on the community’s access to recreational spaces.

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The land in question, located in Navi Mumbai, was initially earmarked in 2003 and reaffirmed in 2016 for the development of a state-level sports complex. However, portions of this land were later allotted to a private developer, prompting legal challenges. The CIDCO, established in 1970 to develop Navi Mumbai as a satellite town, had argued for the reallocation, suggesting that the planned sports facilities could be moved to Mangaon in Raigad district, some 115 kilometers away.

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The Supreme Court criticized the proposal to shift the sports complex to a distant location, questioning the practicality of expecting children and athletes to travel such distances for sports facilities. The bench expressed astonishment over the government’s readiness to diminish accessible green spaces for urban development.

In July, the Bombay High Court had quashed the state’s decision, emphasizing that sports play a vital role in societal development and should not be overshadowed by commercial interests. The High Court had advocated for a balanced approach that does not solely prioritize commercialization and urban densification.

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CIDCO’s legal representative, Solicitor General Tushar Mehta, argued that the High Court had overstepped its jurisdiction by interfering in government land distribution, which he claimed was a matter of state-led town planning. He contended that the designated alternative land in Mangaon was more suitable for the sports complex despite the distance, and that the 20 acres in Navi Mumbai were inadequate for such a development.

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