Mumbai High Court declines Intervention in CIDCO's Public Plot Usage Plan

The Bombay High Court on Thursday dismissed a public interest litigation (PIL) challenging CIDCO’s (City and Industrial Development Corporation) decision to modify reservations of plots in Nerul, Navi Mumbai, originally designated for public amenities. The PIL, filed by social worker Dilip K. Mandal, sought the restoration of plots reserved for a playground, police station, school, and garden.

As per the draft development plan for Navi Mumbai, sanctioned on January 18, 1980, the plots were earmarked for these public purposes. However, on September 26, 2007, the Navi Mumbai Municipal Corporation (NMMC) issued a public notification indicating its intention to revise the development plan.

Representing Mandal, Senior Counsel Atul Damle and Advocate Jagdish G. Aradwad argued that CIDCO lacked the authority to alter these reservations under the Maharashtra Regional and Town Planning (MRTP) Act, 1966. They contended that the alterations violated the original plan. On the other hand, CIDCO’s legal team argued that the plots were not strictly “reserved” but rather “earmarked,” and the development plan allowed CIDCO the flexibility to modify layouts.

The division bench, comprising Chief Justice Alok Aradhe and Justice Bharati Dangre, ruled in CIDCO’s favor, stating that the nodal plans prepared by CIDCO only “earmarked” the plots and did not reserve them. The court emphasized that CIDCO, as the New Town Development Authority, has the flexibility to draw up nodal or sector plans by the sanctioned land use zones outlined in the Navi Mumbai Development Plan.

The judgment reaffirmed CIDCO’s authority to modify the layout, aligning it with the broader requirements of the sanctioned development plan.