The Supreme Court dismissed CIDCO’s petition against the Bombay High Court’s ruling, which blocked the Maharashtra government’s plan to assign sports complex land in Navi Mumbai to private developers. Emphasizing the need for green spaces, especially for children, the Court upheld the importance of public recreational areas over commercialization.
New Delhi: The Supreme Court on November 4th dismissed a petition filed by the City and Industrial Development Corporation (CIDCO) against the Bombay High Court’s decision, which blocked the Maharashtra government’s attempt to reassign land originally designated for a sports complex in Navi Mumbai to private developers. This decision underscores the apex court’s dedication to maintaining green spaces in densely populated urban regions.
A bench led by Chief Justice of India (CJI) DY Chandrachud, alongside Justices JB Pardiwala and Manoj Mishra, highlighted the critical need for open areas in rapidly urbanizing cities like Navi Mumbai. “We need some green spaces for our children, especially in cities like Mumbai,” remarked CJI Chandrachud, emphasizing the adverse effects of unchecked urbanization on children’s recreational needs. He noted, “These are the few green spaces left, and we must preserve them.”
Court Stresses Importance of Local Sports Facilities
CIDCO, a Maharashtra government enterprise established to develop Navi Mumbai as a satellite city, was attempting to reallocate the sports complex land to private developers for commercial and residential purposes. The bench expressed concerns over this decision, remarking that the residents, especially children, would be deprived of essential recreational spaces within their vicinity. Navi Mumbai residents, according to the bench, “should not have to travel several kilometers to neighboring Raigad district to play sports after returning from school.”
Read Also: No Hindi Proceedings in Courts: Supreme Court Dismisses Petition Challenging Article 348
In its original decision, the Maharashtra government proposed shifting the sports complex to Mangaon in Raigad district, nearly 115 kilometers from Navi Mumbai. The bench found this suggestion impractical, with CJI Chandrachud questioning, “Who will travel 115 km for a sports complex?” The apex court’s position aligns with the Bombay High Court’s July ruling, which also struck down the state’s reallocation move. In its judgment, the High Court emphasized the importance of sports for individual and national development, underscoring the need to prioritize public sports facilities over commercialization.
“Preserve Green Spaces in Cities Like Mumbai and Navi Mumbai”
The Supreme Court was firm in its stance, criticizing the state’s decision to allocate green spaces to private developers. “You have to preserve them and not give them to builders to build, build, build and build,” said CJI Chandrachud during the hearing, reinforcing the bench’s disapproval of further concretization.
Read Also: Supreme Court Slaps Rs 25,000 Fine for Frivolous Adjournment Challenge
In response to the High Court’s earlier decision, Solicitor General Tushar Mehta, representing CIDCO, argued that the Bombay High Court had overstepped its jurisdiction by making land allocation decisions—a responsibility that he maintained falls under the state’s urban planning authority. Mehta claimed that “20 acres of land is not enough for a sports complex” and that the state had already allocated an alternative site for the project.
Builder’s Refund Allowed; Court Affirms Green Space Preservation
In its final ruling, the Supreme Court upheld the Bombay High Court’s decision, which prohibits transferring the sports complex land to developers. However, it clarified that the private builder, previously allotted the land, may seek a refund. This move reinforces the Court’s commitment to protecting urban green spaces for public use, particularly in metropolitan areas where greenfield sites are increasingly scarce.
This ruling serves as a significant victory for green space advocates and community residents, emphasizing the judicial system’s role in balancing urban development with environmental and social well-being. With this decision, the Supreme Court has reiterated the essential role that open spaces and sports facilities play in the holistic development of society, particularly for the younger generation.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES