New Delhi, Jan 12 (UNI) The Supreme Court on Monday emphasised that the reclaimed land along the Mumbai Coastal Road (South), including areas proposed to be developed through corporate social responsibility initiatives, must ordinarily remain open and accessible to the public.
With this observation, a Bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar disposed of a public interest litigation challenging the Expression of Interest (EoI) issued by the Brihanmumbai Municipal Corporation (BMC) inviting private agencies for landscaping and maintenance works on the reclaimed coastal land.
The Court noted that its earlier order dated September 30, 2022 which permitted development works such as landscaping of the seaside promenade and road medians for the coastal road project, had already addressed the concerns raised by the petitioner.
The 2022 order had categorically stipulated that the reclaimed land “shall not be utilised for any residential or commercial development purposes, either presently or at any time in the future.”
Clarifying the position further, the Bench observed that the Dharmaveer Swarajyarakshak Chhatrapati Sambhaji Maharaj Mumbai Coastal Road (South), proposed to be developed through corporate social responsibility initiatives, shall ordinarily remain open to the public, except in limited areas where specific development or maintenance activities may be required from time to time.
“We find that the order dated 30 September 2022 takes care of the issue. However, suffice it to say that the reclaimed land shall ordinarily remain open for the public, except in particular places where certain development or maintenance is required. Such activities shall be carried out by the corporate entity under the instructions of the Corporation,” the Court observed, adding that it was not inclined to interfere beyond these clarifications.
During the hearing, the Bench questioned the petitioner’s precise grievance.
The petitioner’s counsel submitted that the work ought to be carried out through an open tender process, allowing participation from NGOs, architects and other stakeholders.
Justice Maheshwari remarked that the Court was concerned with public welfare and that public-oriented work should continue.
He also countered the petitioner’s claim of acting purely in public interest, observing that undue objections to a new public project were unwarranted.
The petitioner had expressed apprehension that entrusting the work to a corporate entity such as Reliance Industries could lead to commercialization of the area and restriction of public access.
Assuring safeguards, Justice Maheshwari stated that ordinarily open public spaces should not be handed over in a manner that compromises public access.
The petition was filed by Jipnesh Narendra Jain challenging the EoI dated December 19, 2024, issued by the BMC for appointing a “Volunteer Agency” for development and long-term maintenance of landscaping, gardens and the promenade along the Mumbai Coastal Road (South).
The petitioner had sought to set aside any decision appointing Reliance Industries Limited or the Reliance Foundation and had urged the Court to declare the reclaimed land and promenade as public trust property and coastal commons.
Additional prayers included restraining any commercial or revenue-generating activities on the reclaimed land, framing of a policy governing management of the coastal lands, and ensuring transparency, public participation and safeguards against privatisation.
Disposing of the petition, the Supreme Court reiterated that the reclaimed coastal land is to be preserved for public use and enjoyment, subject only to limited development and maintenance needs in accordance with law and previous court directions.
