August 28, 2025: The Bombay High Court on Tuesday delivered a significant ruling permitting the Maharashtra State Road Development Corporation (MSRDC) to proceed with commercial development on 24 acres of reclaimed land in Bandra. The plot, originally earmarked for the Bandra-Worli Sea Link, had been entangled in prolonged litigation after two public interest petitions sought to block its use for private projects.
A division bench comprising Chief Justice Alok Aradhe and Justice Sandeep Marne ruled that restrictions set out in environmental clearances issued in 1999 and 2000 no longer applied. These earlier conditions had expressly prohibited residential or commercial activity on the reclaimed land. The court noted, however, that under the 2019 Coastal Regulation Zone (CRZ) framework, the land now lies outside the CRZ, rendering the earlier restrictions redundant.
This interpretation clears the path for MSRDC and its private partner, Adani Properties, to move forward with their plans. The petitions, filed by activist Zoru Bhathena and the Bandra Reclamation Area Volunteers Organisation (BRAVO), had argued that the land had been reclaimed on the clear assurance that it would not be commercially exploited. They relied heavily on Condition (viii) of the April 2000 clearance, which explicitly barred such use.
The court concluded that once the area was excluded from the CRZ by subsequent notifications, earlier restrictions could not survive. It also recorded that the 2025 clearance from the Ministry of Environment and Forests validated the project. Arguments based on doctrines such as public trust and non-regression were held insufficient to override statutory provisions.
While the ruling removes legal barriers for MSRDC, critics voiced concern. Bhathena noted that Mumbai already faces an acute shortage of open space, with just 1.1 square metres available per resident compared with the recommended 10. He confirmed that an appeal would be lodged before the Supreme Court.
Source: Mumbai Live
