'Need green spaces for kids': SC on plea over transfer of sports complex land

The Supreme Court on 4 November, Monday, dismissed a plea of the City and Industrial Development Corporation (CIDCO), challenging a Bombay High Court order against the Maharashtra government's move to reallocate the land meant for a sports complex to private builders in Navi Mumbai.

A bench comprising Chief Justice of India (CJI) D.Y. Chandrachud and justices J.B. Pardiwala and Manoj Misra emphasised the importance of preserving green spaces in urban areas like Navi Mumbai.

"We need some green spaces for our children, especially in cities like Mumbai,” remarked the CJI, while underscoring the diminishing availability of open areas amid urban sprawls.

The CJI went on to add, "These are some of the few remaining green lungs left, and we must preserve them. Let's not say much about the CIDCO."

Green areas had been given to builders for constructing malls and residential complexes, he pointed out.

The CJI noted that the children of Navi Mumbai were not supposed to travel several kilometres to the neighbouring Raigad district to play sports after returning from school.

The state government had also decided to shift the sports complex to Mangaon, in Raigad district, which was 115 kilometres away from the existing site.

The bench had previously stressed the preservation of the few remaining green lungs in cities like Mumbai and Navi Mumbai that were only witnessing vertical growth.

The land in Navi Mumbai was earmarked for the sports complex in 2003 and in 2016, but the planning authority had allotted a portion of it to a private developer for residential and commercial purposes.

"It is a much-known practice. The government creeps into whatever green spaces are left and gives them to the builders," the top court had said during a brief hearing.

The CJI further said, "There are a very few green lungs left in cities like Mumbai and Navi Mumbai. These cities have vertical growth.... You have to preserve them and not give to builders to build, build, build and build..."

The bench was prima facie astonished to learn that the land, meant for the state-level sports complex, was being allotted to development and the proposed facilities were to be shifted to the Raigad district.

The bench wondered who would travel 115 kilometres to avail the facilities of the sports complex, raising apprehensions of that land meeting the same fate after a few years.

The apex court consequently held no transfer of the land meant for the sports complex at Navi Mumbai would take place.

In July, the Bombay High Court had quashed the decision of the state observing sports played a significant role in the development of the people and the nation.

It was high time the government gave it equal importance than the "commercialisation and concretisation mantra", it had remarked.

The CIDCO, a Maharashtra government undertaking which was set up in 1970 to develop a satellite town for Mumbai, had filed appeal against the HC verdict.

The top court during its verdict clarified that the private builder, which was allotted the land, could seek a refund.

Appearing for CIDCO, Solicitor General Tushar Mehta said the high court couldn't undertake the exercise of distributing government land while deciding a PIL.

While urging the top court to set aside the high court verdict, Mehta said the HC order wanted to run town-planning activities, which fell under the state's domain.

He argued that 20 acres were not sufficient for constructing the sports complex and, moreover, the state had earmarked the land at an alternative site.

According to Mehta, the matter did not pertain to the green lungs of cities but instead the town-planning activities, which the high court had decided upon.

The high court order was passed on a PIL filed by the Indian Institute of Architects, Navi Mumbai Centre, challenging the state government's decision to shift the sports complex from Ghansoli in Navi Mumbai to Mangaon.

The PIL had also challenged CIDCO's decision to allot a part of the land to a private developer for residential and commercial development.