Supreme Court of India
Municipal Corporation of Greater Mumbai & Ors. v. Pankaj Babulal Kotecha & Ors.
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What the Court ordered
For the foregoing reasons, we are constrained to hold that the High Court’s direction to restore the Subject Property to its original condition as a pond, though made with laudable intentions, fails to account for the transformed reality and the substantial public benefit derived from the current recreational space. [2025] 5 S.C.R. 797 Municipal Corporation of Greater Mumbai & Ors. v.
Judgment, page 10
From the headnote
Issue for Consideration Whether a recreational park developed on an alleged historical water body ought to be demolished and the water body restored or alternatively, whether the development warrants preservation given its current utility and the inexorable passage of time. Headnotes† Environmental Matters – Environmental conservation and development for public welfare – Balance between – Redevelopment of a theme park on the subject property by Municipal Corporation of Greater Mumbai (MCGM) – Writ petition filed alleging that the said redevelopment resulted in the obliteration of the 100
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