'We Need Green Spaces For Our Children' : Supreme Court Rejects CIDCO Plea To Shift Sports Complex From Navi Mumbai

The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing the challenge to the order of the Bombay High Court which quashed the decision of the State Government to shift the 20 acres sports complex from Ghansoli, Navi Mumbai to Nanore Village in Raigad, Maharashtra.

The CJI stressed the need to encourage open sports complexes for the holistic development of growing children in Urban cities.

“In the large cities, the children are only playing video games. We need our children to have some green spaces, play, to have some robust activity and there are no places left in Mumbai and Navi Mumbai”

Solicitor General Tushar Mehta and Senior Advocate Shyam Divan for CIDCO and the builders respectively contended that the order of the High Court overreached the town-planning functions of the State Government.

During the hearings, the SG submitted that the shifting of the sports complex from Navi Mumbai to Raigad would also be beneficial for the district of Sindhudurg.

“You can give something to Raigad, Sindhudurg, Ratnagiri but why are you taking it (sports complex) away from Navi Mumbai?” CJI asked.

SG explained that those in Sindhudurg would have to travel 300 km to reach the sports complex in Navi Mumbai, that is why placing it in Raigad would make it midway.

Not convinced with the submission, CJI said,  “The simple answer to that is - our children after school would go play football, go and swim, we don't tell them now - go to Raigad!” 

The bench, refusing to interfere with the High Court order, recorded :

“We are not inclined to entertain the Special Leave Petitions under Article 136 of the Constitution. The Special Leave Petitions are accordingly dismissed.”

On the last hearing, the CJI pointed out the 'malafides' behind the decision of the State Government to shift the sports complex land.

"The malafides of the State Govt are clear that you shift a sports complex from Navi Mumbai to 115 Km! Who will go there?" the CJI remarked. The CJI took objection to how green spaces such as Sectors 12 and 13 in Navi Mumbai earmarked for building sports complexes were being reallotted for commercial development.

Notably, in July the High Court also quashed the notification of City and Industrial Development Corporation of Maharashtra Limited (CIDCO) to allot part of the land earmarked for the complex to Progressive Homes Builder.

The impugned judgement of the High Court came as a consequence of a PIL filed in 2019 questioning the reallotment of the land earmarked in 2003 under a government resolution for an International Level Sports Complex. The PIL was filed by the Indian Institute of Architects, Navi Mumbai Chapter.

Case Details : THE CITY AND INDUSTRIAL DEVELOPMENT CORPORATION Versus INDIAN INSTITUTE OF ARCHITECTS AND ORS.| SLP(C) No. 21953/2024