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Bombay High Court Upholds Slum Rehab Rule With 35% Green Space Requirement

It required the BMC to complete GIS-based mapping of reserved land within four months, reinforcing accountability for preserving public open spaces.

Mumbai, India - September 05, 2024: As new road is being built the residents of the Slum area of Amer nager Mulund West will be relocated ,in Mumbai,in Mumbai, India, on, Thursday, September 05, 2024. ( Praful Gangurde /HT Photo )

Overview

  • The court upheld the 2022 regulation allowing slum rehabilitation on non-buildable open spaces over 500 sqm provided at least 35% remains as continuous, publicly accessible green space.
  • It directed that the preserved green area must be clearly demarcated in approved plans, developed as a public park, and handed over to the BMC within 90 days of project completion.
  • The bench ordered the BMC to finish GIS-based mapping and geo-tagging of all designated open spaces within four months and publish the data online for transparency.
  • The state government must review the regulation’s environmental and urban health impacts within two years and consult stakeholders on any necessary adjustments.
  • Residents and advocacy groups warn the policy could favor developers over taxpayers and risk further environmental strain if oversight lapses.