HC Allows Slum Projects If 35 Percent of Rehab Land Must Be Park

Bombay High Court has upheld the legality of allowing slum rehabilitation schemes (SRS) on certain reserved open spaces in Mumbai. However, the court has insisted that a minimum of 35 percent of the area must be retained as usable public parks or open amenities accessible to all, not just project residents.

The verdict comes in the context of Regulation 17(3)(D)(2) of the Development Control and Promotion Regulations (DCPR), 2034, notified by the Maharashtra government in 2022. This regulation permits slum redevelopment on non-buildable plots exceeding 500 square metres, previously earmarked for public use like parks or playgrounds, provided the stipulated public open space is maintained. In a 191-page judgment, the division bench observed that the regulation promotes inclusive urban planning and strikes a delicate balance between addressing housing inequity and conserving green zones. The court reiterated the need to house marginalised communities within the city’s core, rather than displacing them to peripheral zones lacking access to jobs, education, and healthcare.

Officials noted that Mumbai’s limited geography and soaring housing demand have created pressure on land resources. The 2022 regulation aimed to unlock otherwise unusable reserved plots for the dual benefit of rehabilitation and public utility. The High Court backed this vision but added strict compliance directives to ensure green space is not completely sacrificed. As per the court’s directions, civic authorities must ensure that the earmarked 35 percent open space in any such SRS must be developed as a public amenity, such as parks, and handed over for management within 90 days of obtaining an occupation certificate. The court strictly prohibited any enclosure, fencing, or restrictions limiting access to these spaces by local residents.

Urban planning experts applauded the decision as a progressive step that aligns with international urban resilience goals. “This verdict attempts to address structural inequality by ensuring that even land-starved redevelopment projects embed public amenities into their design,” said an urban development consultant based in Mumbai. The High Court has also mandated a slew of governance and compliance measures. The Brihanmumbai Municipal Corporation (BMC) has been directed to complete GIS-based mapping and geo-tagging of all plots designated as open space under the city’s sanctioned Development Plan within four months. These datasets must be publicly published on the civic body’s official portal to promote transparency and prevent unauthorised diversions.

Moreover, the court has directed that a dedicated implementation cell be created under the Slum Rehabilitation Authority (SRA) or a designated senior officer to oversee ground-level execution. Quarterly reports on the status of all such redevelopment schemes must be submitted to the SRA and the Urban Development Department and made available in the public domain. The regulation had faced legal challenges from citizens’ groups and urban conservation NGOs, who alleged it would legitimise the encroachment of green zones and reduce Mumbai’s already precarious open space ratio. Petitioners argued that reducing the minimum plot size from 1,000 to 500 square metres in the 2022 regulation would make smaller plots vulnerable to construction activity under the pretext of welfare.

Their contention was that even under the garb of rehabilitation, no land reserved for recreational use should be converted into housing zones, as it dilutes the original purpose of urban zoning. Environmentalists also warned of the long-term consequences of green space loss on flood control, biodiversity, and mental health. Responding to these concerns, the court said that the regulation does not grant a free hand to indiscriminately reduce open space. Rather, it emphasised that the inclusion of open land in slum redevelopment must be guided by a broader urban equity lens. The court encouraged state authorities to initiate a policy review within two years to evaluate the cumulative impact of the regulation on Mumbai’s open space availability.

The judgment further stated that any violations of the 35 percent public space rule would invite disciplinary action against the developers or project officers. Projects exceeding the minimum requirement would be encouraged as model practices. The BMC has been tasked with preparing ward-wise action plans listing all reserved open spaces and conducting periodic inspections to identify unauthorised constructions or encroachments. These reports are to be forwarded to the Urban Development Department for ongoing monitoring.

From a governance standpoint, this landmark judgment reaffirms the judiciary’s role in maintaining the delicate balance between urban growth and sustainability. It sets a precedent for other Indian metros grappling with similar dilemmas of land shortage, housing backlog, and environmental degradation. For residents of Mumbai living in informal settlements, the judgment opens up new possibilities for secure, formal housing within the city fabric, without entirely giving up on the ecological or social value of open land. For city planners, the message is clear: development must be inclusive, equitable, and environmentally mindful.

HC Allows Slum Projects If 35 Percent of Rehab Land Must Be Park