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SURYA KANT, N. KOTISWAR SINGH
Municipal Corporation of Greater Mumbai – Appellant
Versus
Pankaj Babulal Kotecha – Respondent
JUDGMENT :
SURYA KANT, J.
1. Leave granted.
2. The fulcrum of the present controversy centres around the redevelopment of a theme park undertaken by the Municipal Corporation of Greater Mumbai (MCGM) on a plot bearing CTS No. 417, situated at Khajuria Tank Road, Kandivali (West), Mumbai (Subject Property). This redevelopment allegedly resulted in the obliteration of a lake that had existed at the premises for approximately 100 years.
3. This issue was assailed before the High Court of Bombay (High Court) vide a Writ Petition instituted in public interest, wherein by way of its judgment dated 03.08.2018, the High Court allowed the same and directed Respondent Nos. 2-8 herein (State Government) to assume possession of the Subject Property, demolish the construction in question and restore the lake claimed to have existed prior to the subject development (Impugned Judgment).
(A) FACTS
4. In order to shed light on the circumstances leading up to the passing of the Impugned Judgment, we deem it appropriate to briefly set out the factual narration herewith:
The court emphasized balancing environmental conservation with public welfare, affirming that transformed public amenities can coexist with ecological mandates under the public trust doctrine.
Preservation of public parks and open spaces for parks and playgrounds is a legitimate exercise of statutory powers, and the change of use for any other purpose by the Municipal body would tantamount....
The Futala Lake is a man-made waterbody, not classified as a wetland under the 2017 rules, thus constructions around it are not in violation of those regulations.
The main legal point established in the judgment is the duty of the State to hold and manage communal properties, such as water bodies, for the benefit of the community. The judgment also emphasizes ....
The duty to restore and conserve wetlands is a constitutional responsibility, overriding private property disputes, under the East Kolkata Wetlands (Conservation and Management) Act, 2006.
The court reinforced the obligation to preserve open spaces for public use and ruled that statutory provisions cannot be ignored by inaction.
De-silting the tank does not amount to changing the physical features of the water body known as “Koneru” situated at Sy.No.697 in Rayachoti town, YSR Kadapa District, to violate constitutional oblig....
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