Bombay HC Nullifies Allotment of Plot Reserved for Sports Complex to Progressive Homes

📅 July 02, 2024

In a significant ruling, the Bombay High Court has mandated the Maharashtra government to reclaim 20 acres of land in Ghansoli, Navi Mumbai, originally reserved for a government sports complex, from realty developer Kalpataru’s subsidiary, Ixora Properties. The decision underscores the court’s concern over the state’s prolonged failure to develop the sports complex, initially intended to foster sports and nation-building.

Background and Legal Battle

In an affidavit filed by Aseemkumar Gupta, Principal Secretary of the Urban Development Department (UDD), it was revealed that the state government had taken a stance that the cost of the 20 acres, as demanded by CIDCO, would be Rs 2500 crore. This pricing was contested by the court, especially given CIDCO's prior allotment of 36 acres to the Navi Mumbai Municipal Corporation (NMMC) for a sports complex at a significantly lower lease premium of Rs 22 crore.

Court's Criticism and Orders

The HC criticized the state government and UDD officials for their "lackadaisical approach" over the past 20 years, resulting in the failure to establish the international-standard sports complex on the 61-acre CIDCO plot. The court also quashed CIDCO's 2017 decision to allot part of this land to a builder, Progressive Homes, for commercial use, calling it "objectionable, arbitrary, and illegal."

Justice Girish Kulkarni and Justice Jitendra Jain emphasized the necessity of accessible sports facilities in urban areas like Navi Mumbai, highlighting the detrimental impact on children and youth deprived of these amenities. The court noted the importance of sports in the development of citizens and the nation, reinforcing that such facilities should not be compromised for commercial exploitation.