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ARTICLE · 25 JUNE 2025

Balancing Development And Conservation: The Mumbai Open Spaces Debate

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In a landmark case, NGO Alliance for Governance and Renewal (NAGAR) vs State of Maharashtra, 1the Bombay High Court examined a conflict between urban development and environmental conservation.

IndiaEnvironment
Aardra Prathap
Aardra Prathap

Introduction

In a landmark case, NGO Alliance for Governance and Renewal (NAGAR) vs State of Maharashtra, 1the Bombay High Court examined a conflict between urban development and environmental conservation. The case, brought forward by the NGO Alliance for Governance and Renewal (NAGAR), challenged the Maharashtra Government's policy permitting the use of public recreational spaces for slum rehabilitation. This legal battle highlighted a critical question about how a densely populated city like Mumbai can balance the housing needs of its residents with the preservation of open spaces.

Background of the Case

The controversy stemmed from a 1992 government notification and subsequent amendments to the Development Control and Promotion Regulations (DCPR) 2034. Regulation 17(3)(D)(2) allowed converting up to 65% of reserved open spaces exceeding 500 sq. meters into housing zones under the Slum Rehabilitation Authority (SRA) schemes. NAGAR argued that this provision

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