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The Supreme Court has reiterated that reclaimed land along the Mumbai Coastal Road (South), including areas proposed to be landscaped under a corporate social responsibility initiative, must ordinarily remain open to the public and cannot be used for any residential or commercial development. While allowing landscaping and maintenance activities, the court underlined that such work should not restrict public access except where temporarily required. The ruling came while disposing of a public interest litigation challenging the municipal corporation's move to involve private agencies for long-term maintenance of the reclaimed land. The court reaffirmed its earlier directions that categorically prohibit any commercial or residential exploitation of the area, ensuring the coastal road project serves public interest and open access.
The Supreme Court on Monday reaffirmed that the reclaimed land along the Mumbai Coastal Road (South) must remain accessible to the public and cannot be utilised for any residential or commercial development, either now or in the future. The court clarified that while landscaping, beautification and maintenance activities are permissible, they should not compromise public access to the area. Advertisement
A bench comprising Justices JK Maheshwari and Atul S Chandurkar made the observations while disposing of a public interest litigation challenging the Brihanmumbai Municipal Corporation's expression of interest for appointing private agencies to undertake landscaping and long-term maintenance of the reclaimed coastal land. The petition had raised concerns over the involvement of corporate entities under a corporate social responsibility framework.
The court recalled its earlier order dated September 30, 2022, which had already laid down clear restrictions on the use of reclaimed land along the coastal road. It reiterated that the land should not be utilised for any residential or commercial development or purposes, presently or at any time in the future. The bench emphasised that this condition remains binding and continues to govern all development activities undertaken in the area.
At the same time, the judges noted that limited development work such as landscaping of promenades, road medians and green spaces is permissible as part of the coastal road project. However, such work must be carried out in a manner that ensures the land ordinarily remains open for public use, except in specific areas where development or maintenance activities may temporarily restrict access.
The court also observed that the Dharmaveer Swarajyarakshak Chhatrapati Sambhaji Maharaj Mumbai Coastal Road (South), including areas developed through corporate social responsibility initiatives, is intended to serve public interest. Any beautification or maintenance undertaken should align with this objective and not result in privatisation or exclusion of the general public.
The petition had challenged the civic body's December 2024 move to appoint a volunteer agency for landscaping and maintenance of gardens and promenades along the coastal road, seeking to restrain the appointment of specific corporate entities. The court held that its earlier directions adequately addressed these concerns and found no reason to interfere further, while reiterating safeguards to protect public access and prevent commercial exploitation of the reclaimed land.
Source - PTI
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