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Without green spaces, children may turn to video games alone: Supreme Court

Nov 04, 2024 04:22 PM IST

The bench dismissed a petition by Maharashtra’s city planning agency CIDCO, which sought to relocate a proposed sports complex from Navi Mumbai to Raigad, 115km away

The Supreme Court on Monday underscored the necessity of preserving green spaces for children’s recreation, stressing that without accessible areas to “play and breathe freely,” children would be left with little more than “playing only video games.”

The court’s dismissal upheld a Bombay High Court judgment that labeled the relocation decision as “totally arbitrary and ipse dixit” (Supreme Court of India website)
The court’s dismissal upheld a Bombay High Court judgment that labeled the relocation decision as “totally arbitrary and ipse dixit” (Supreme Court of India website)

Led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, a top court bench voiced strong concerns about urban planning that neglects green zones, as it dismissed a petition by Maharashtra’s city planning agency, City and Industrial Development Corporation (CIDCO), which sought to relocate a proposed sports complex from Navi Mumbai to Raigad, 115km away.

“These are the last few lungs in our cities. Let us preserve these spaces. You can’t give green areas for development to builders or someone else,” the bench, also comprising justices JB Pardiwala and Manoj Misra, stated emphatically.

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The proposal involved moving the Navi Mumbai sports complex, initially planned for Ghansoli and modeled after Pune’s Balewadi Sports Complex and Delhi’s Indira Gandhi Sports Complex, to Nanore village in Raigad.

The court’s dismissal upheld a Bombay high court judgment that labeled the relocation decision as “totally arbitrary and ipse dixit”, effectively voiding a 2021 Maharashtra government resolution to shift the complex from the densely populated Navi Mumbai area.

CIDCO approached the Supreme Court in appeal, but the bench emphasised that the current sports complex location serves a vital purpose for Navi Mumbai residents and should not be shifted.

“On one hand, we want our children to have a healthy life. Otherwise, they will end up playing only video games. In Mumbai and Navi Mumbai, there’s no other place for children to play. They should have these spaces.”

The bench pointed out that the move was unreasonable. “How can you ask children to travel 115 km to avail the facilities of the sports complex? You should instead have an additional sports complex if you feel Raigad should also have one.”

Solicitor General Tushar Mehta, representing CIDCO, argued that the area targeted for the Navi Mumbai sports complex would be better suited other buildings and airport development, adding that the high court’s ruling interfered with state-led urban planning.

However, the Supreme Court refuted this justification, observing, “Not at the cost of our children.”

The bench also rejected a compromise offered by a private developer seeking to use the green space for residential and commercial purposes.

It reiterated that dedicated public areas for recreation cannot be sacrificed, stating, “Where will they go to play, to swim? Let them have at least a green space that is already there.”

The Supreme Court ultimately affirmed the Bombay high court’s July judgment, which condemned the Maharashtra government’s decision as a significant departure from prior, well-considered urban development plans for Ghansoli.

The high court had further reproached the government’s “nebulous” approach to public welfare and civic responsibility, highlighting the negative consequences of an urban planning model that prioritizes commercial over public interests. It noted that urban authorities should commit not only to current population needs but also to preserving resources and facilities that future generations can enjoy.

The Navi Mumbai sports complex was initially envisioned to be a state-of-the-art facility, inspired by Pune’s Balewadi Sports Complex and New Delhi’s Indira Gandhi Sports Complex. However, issues arose when CIDCO allocated part of the land to a private developer in 2016 for residential and commercial projects, ultimately shifting the complex plan to Raigad.

This led to a public interest litigation (PIL) filed by the Indian Institute of Architects in the high court.

Observing the lack of adequate planning in Raigad, the high court allowed the PIL, noting that Navi Mumbai residents require easy access to sports facilities and public recreation areas to ensure the holistic development of urban youth.

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