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Supreme Court of India 2025-05-30 allowed

Municipal Corporation of Greater Mumbai & Ors vs . Pankaj Babulal Kotecha & Ors

Bench: 2 — Surya Kant, Nongmeikapam Kotiswar Singh

In Brief

The Supreme Court allowed MCGM's appeal against the Bombay High Court's 2018 order directing restoration of Khajuria Lake. The Court held that while the public trust doctrine protects environmental resources, it must be balanced against ground realities. Although a water body historically existed, it had deteriorated into a garbage dump before redevelopment into a park in 2011. The Court found the park now provides substantial public benefits—green cover, mature trees, recreational facilities used by generations—and that restoration would cause greater ecological harm. The Court upheld the park's preservation in perpetuity for public use, ordered constitution of an expert committee to explore alternative water bodies, and directed ecological restoration of other deteriorated water bodies in Mumbai.

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Environmental Law Public Trust Doctrine Urban Development Water Bodies Constitutional Law Land Use Public Interest Litigation

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