Bombay High Court Upholds SRA Projects On Reserved Lands But Orders Safeguards For Public Open Spaces

Mumbai: The amendment to the Development Control and Promotion Regulation (DCPR 2034), brought into force in 2022, significantly dilutes protection for open spaces by reducing the minimum plot size eligible for redevelopment from 1,000 sq mt to 500 sq mt, and by allowing 65% of such plots to be used for construction, argued NGO Alliance for Governance and Renewal (NAGAR) while challenging the state government’s policy permitting slum rehabilitation (SRA) projects on spaces reserved for public amenities.

The NGO contended that this legalises encroachments and results in the “permanent and irreversible” loss of public spaces, especially in a city like Mumbai where official studies have found that the per capita open space is less than one square metre.

The court, while recognising the critical need to preserve green spaces, rejected the plea to read down the law. It pointed out that lands already fully encroached by informal housing “does not hold the same ecological importance as a lake, forest or wetland”. It added, “This is not a case where land is being handed over for private benefit or where there is abuse of power. Rather, it is a case where the state, following due legal process, has framed a policy which tries to serve both environmental and social goals.”

However, while laying down stringent directions to save 35% as green area, the court said the area must be clearly demarcated at the time of planning approval, developed as a public park with landscaping, lighting, play equipment, and seating, and handed over to the BMC within 90 days of the project’s completion.

To prevent misuse, the court directed the BMC and the SRA to set up a special monitoring cell headed by a senior officer. This cell will conduct quarterly inspections, upload status reports online, and ensure that violations, such as exceeding the 65% construction cap or fencing off the open space, are addressed promptly.

Crucially, the court underlined that its endorsement of the policy was not unconditional. “Our decision should not be read as giving a free hand to the state to reduce open spaces in the city. The responsibility to maintain and increase open spaces continues,” the bench said. “Preserving what remains is not enough. The city needs new and better open spaces for its growing population.” The HC has kept the plea for compliance review on December 4.