The plot in question, as per the city’s sanctioned Development Plan, had been earmarked for public parking -- a crucial utility in the densely populated Cuffe Parade area
The Bombay High Court stated that “effect and operation of the Government Resolution dated 5th September 2024 shall remain stayed". Pic/Arranged by Diwakar Sharma
In a significant relief to the residents of south Mumbai, the Bombay High Court has stayed the operation of a Government Resolution issued on September 5, 2024, which sought to allot a plot reserved for public parking to a private educational institution. The interim order came in response to a petition filed by the Cuffe Parade Residents Association and another petitioner challenging the controversial land allotment.
The plot in question, as per the city’s sanctioned Development Plan, had been earmarked for public parking -- a crucial utility in the densely populated Cuffe Parade area. However, petitioners argued that the authorities, in violation of planning norms and due process, allotted the land to a private trust for the construction of a school, without appropriate legal safeguards or consultation with affected stakeholders.
Appearing on behalf of the petitioners, senior advocate Aspi Chinoy contended that the allotment constitutes a misuse of public land, depriving the local community of essential infrastructure.
“The manner in which the land has been diverted defeats the purpose of the Development Plan and is contrary to law,” Chinoy argued before a bench comprising Justices G.S. Kulkarni and Arif S. Doctor.
After hearing preliminary submissions, the Court noted that the issues raised by the petitioners deserved further examination and held that “prima facie, there is substance in the contentions” regarding the legality of the allotment. The Court further directed that, until the next hearing scheduled for 17 July 2025, no steps shall be taken in pursuance of the said allotment.
In its order, the Court categorically stated that “effect and operation of the Government Resolution dated 5th September 2024 shall remain stayed. In the event possession is taken, no further steps whatsoever qua the plot shall be undertaken.”
The decision has been welcomed by the local residents, many of whom see the move as a victory for participatory urban planning and citizen-led governance. “This stay is a crucial step towards protecting our neighbourhood’s infrastructure and legal rights,” said a spokesperson of the CPR-A.
The matter will now be heard in detail on 17 July, when all parties, including the Maharashtra government, the Mumbai Collector’s office, MMRDA, and the private trust, are expected to present their positions.
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