Mumbai, October 1, 2026: Recreational open spaces in certain Navi Mumbai redevelopment projects need not necessarily be provided at ground level and can be located on podiums, provided they remain completely open to the sky, the Bombay High Court has held.
HC Dismisses PIL Against Concessions
A bench of Justices Ajey Gadkari and Kamal Khata dismissed a PIL challenging concessions granted by the Navi Mumbai Municipal Corporation (NMMC) to five housing societies.
The court said the petitioner failed to show that the civic body had acted arbitrarily or that the concessions violated the Unified Development Control and Promotion Regulations (UDCPR).
The PIL was filed by Navi Mumbai resident Sandeep Thakur, who argued that mandatory recreational open spaces (ROS) should be available at ground level for residents.
He claimed that placing them on podiums could force residents to use public recreational spaces in the neighbourhood, increasing footfall and putting pressure on such facilities.
ROS Permitted On Podium Levels
The court, however, found that the UDCPR allows recreational open space to be provided on podium levels in appropriate cases. Referring to the regulations, the bench said, “100% ROS can be provided on podium level, provided it is entirely open to sky.”
The bench noted that the UDCPR does not state that ROS must be located on “natural ground”, “mother earth”, “virgin soil” or an “at-grade location”. The court said it could not read such conditions into the regulations when they were not expressly provided.
Planning Constraints Cited By Societies
The court also upheld NMMC’s power to grant relaxation under Regulation 2.4, saying it had to be exercised on a case-to-case basis. The societies had cited several planning constraints, including height restrictions, road setbacks, rehabilitation requirements and mandatory parking provisions.
The petitioner, however, had not produced material to show that these constraints cited by the societies were false or fabricated, the court noted.
Court Rejects Public Space Argument
The bench also rejected the argument that Navi Mumbai-specific provisions in the UDCPR completely override the general regulations. It said the provisions must be read harmoniously and that general regulations would continue to apply where there was no conflict.
On the claim that residents would crowd public recreational spaces, the court said there was no factual material to support the argument. “This narrative of the Petitioner is only a bare assertion, without any substantiation thereof,” it observed.
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Court Stresses Planning Transparency
At the same time, the bench stressed that civic authorities must maintain transparency in planning decisions. “The State Authorities must be transparent in their functions. They cannot play hide and seek with the public,” it said.
The court also suggested greater public participation and mechanisms through which citizens can raise concerns regarding local planning decisions.
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