1 week ago
Bombay High Court Allows Open Spaces On Navi Mumbai Podiums
The Bombay High Court considered where open spaces should be provided in some housing redevelopment projects.
A resident argued that these spaces should be on the ground.
He said podium spaces might make people use public parks more often.
The court said the rules allow recreational open spaces on podiums.
However, the spaces must be completely open to the sky.
The court also said the rules do not specifically require the spaces to be on natural ground.
It supported the city corporation’s ability to give planning relaxations in individual cases.
The court found that the resident had not shown that the housing societies’ planning difficulties were false.
It also told government authorities to be more transparent and involve the public in planning decisions.
The Bombay High Court ruled that recreational open spaces can be placed on podiums in certain Navi Mumbai redevelopment projects.
The spaces must remain completely open to the sky, and the court said they need not be at ground level.
The court dismissed a PIL challenging concessions granted by the Navi Mumbai Municipal Corporation to five housing societies.
Petitioner Sandeep Thakur argued that podium spaces could increase pressure on public recreational facilities, but the court found no supporting evidence.
The court upheld case-by-case planning relaxations while urging civic authorities to improve transparency and public participation.
- Who
- The Bombay High Court, the Navi Mumbai Municipal Corporation, five housing societies, and petitioner Sandeep Thakur.
- What
- The court ruled that recreational open spaces may be provided on podium levels if they are completely open to the sky.
- Where
- Navi Mumbai, Maharashtra, in proceedings before the Bombay High Court.
- When
- The ruling was reported on October 1, 2026.
- Why
- The court found that the Unified Development Control and Promotion Regulations do not require recreational open spaces to be at ground level and upheld case-by-case civic relaxations.
Petitioner’s Position
Court and Civic Authority’s Position
Location of recreational open space
Petitioner’s Position
Sandeep Thakur argued that mandatory recreational open spaces should be available at ground level for residents.
Court and Civic Authority’s Position
The court held that the regulations permit recreational open spaces on podium levels when they are completely open to the sky.
Effect on public facilities
Petitioner’s Position
The petitioner said podium spaces could push residents toward public recreational areas, increasing footfall and pressure on those facilities.
Court and Civic Authority’s Position
The court found no factual material supporting this claim and described it as an unsubstantiated assertion.
Planning concessions
Petitioner’s Position
The PIL challenged concessions granted by the Navi Mumbai Municipal Corporation to five housing societies.
Court and Civic Authority’s Position
The court found no proof that the civic body acted arbitrarily or that the societies’ cited constraints—including height limits, setbacks, rehabilitation needs, and parking requirements—were false.
Key facts
- Court
- Bombay High Court
- Judges
- Justices Ajey Gadkari and Kamal Khata
- Civic authority
- Navi Mumbai Municipal Corporation
- Projects affected
- Redevelopment projects involving five housing societies
- Permitted location
- Podium levels, provided the recreational open space is entirely open to the sky
- Regulation cited
- Regulation 2.4 of the Unified Development Control and Promotion Regulations
- PIL petitioner
- Navi Mumbai resident Sandeep Thakur
Quotes
Bombay High Court bench
The bench of Justices Ajey Gadkari and Kamal Khata hearing the PIL.
“The State Authorities must be transparent in their functions. They cannot play hide and seek with the public.”
freepressjournal.in
“This narrative of the Petitioner is only a bare assertion, without any substantiation thereof.”
freepressjournal.in
Sources
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