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The Bombay High Court, while hearing a petition concerning environmental degradation and urban planning in Mumbai, underscored the importance of protecting the city's public open spaces and green areas.The court noted that Mumbai had experienced extensive pressure on playgrounds, gardens, wetlands and other open spaces, with encroachments and changes in land use reducing their availability.It highlighted the role of open spaces in maintaining ecological balance, reducing environmental stress and providing recreational areas for residents.The judgment also referred to Mumbai's extremely low open-space availability compared with recommended standards, describing green spaces as the “lungs” of the city.
The Bombay High Court has emphasised the importance of protecting Mumbai's remaining public open spaces, highlighting their environmental, ecological and social significance in one of its detailed judgments concerning urban development and environmental degradation in the city.
The observations came in Bombay Environmental Action Group v. State of Maharashtra, a case that raised wider questions concerning environmental degradation, public open spaces, public housing and the interpretation of development regulations. The court said the issues involved were of importance to Mumbai residents as a whole and warranted consideration despite objections relating to delay in approaching the court.
While examining the significance of open spaces, the court noted that Mumbai's public greens, playgrounds, gardens and other open areas had been steadily subjected to encroachments and other uses. It also pointed to the loss and continuing threat to natural wetlands, water bodies and reservoirs, observing that the importance of these resources for flood control had been overlooked in urban planning.
The judgment stressed that open spaces should not be viewed merely as surplus land within an urban area. According to the court, green spaces are essential to the environmental and ecological balance of cities and are directly connected with the health and quality of life of residents. It observed that densely built-up areas with inadequate open spaces can experience greater environmental and health pressures.
The court also drew attention to the stark shortage of open spaces in Mumbai. It referred to an ideal benchmark of four acres of open space per 1,000 people, while noting that Mumbai had only about 0.03 acres per 1,000 people in 1970, with the ratio having fallen further by the time of the judgment.
The judgment further relied on established judicial principles recognising the public importance of parks, playgrounds and recreational areas. It cited the Supreme Court's observations that reservation and preservation of such spaces are legitimate planning measures intended to protect residents from the adverse effects of urbanisation.
The court's observations underline that Mumbai's open spaces form an important component of urban planning rather than being secondary to construction and infrastructure. Their protection, therefore, remains closely linked to environmental sustainability, public health and the city's long-term liveability.
Source: Indian Kanoon
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