Navi Mumbai Redevelopment Projects Can Have Open Spaces On Podiums: Bombay HC
Mumbai, October 1, 2026: Recreational open spaces in certain Navi Mumbai redevelopment projects need not necessarily be provided at ground level and can be located on podiums, provided they remain completely open to the sky, the Bombay High Court has held. HC Dismisses PIL Against Concessions A bench of Justices Ajey Gadkari and Kamal Khata dismissed a PIL challenging concessions granted by the…
On October 1, 2026, the Bombay High Court ruled that recreational open spaces (ROS) in certain Navi Mumbai redevelopment projects can be located on podiums, as long as they are completely open to the sky. The court dismissed a petition challenging concessions granted by the Navi Mumbai Municipal Corporation (NMMC) to five housing societies.
The petitioners argued that ROS should be provided at ground level, but the court found that the Unified Development Control and Promotion Regulations (UDCPR) allow for ROS on podium levels in appropriate cases. The UDCPR does not require ROS to be located on "natural ground" or "mother earth". The court also upheld NMMC's power to grant relaxations under Regulation 2.4 on a case-to-case basis.
The societies had cited planning constraints such as height restrictions, road setbacks, rehabilitation requirements, and mandatory parking provisions, but the court noted that the petitioner had not provided evidence to refute these claims. The bench rejected the argument that Navi Mumbai-specific provisions in the UDCPR override the general regulations, stating that the provisions must be read harmoniously.
The court emphasized the need for transparency in planning decisions and suggested greater public participation in the process.
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