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Supreme Court Overturns Bombay HC Order to Restore Khajuria Lake, Preserves Kandivali Park

Emphasising the park’s mature green space benefits, the court assigned a panel to explore a nearby compensatory water body

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Overview

  • The bench of Justices Surya Kant and N Kotiswar Singh determined that by 2009 the historic Khajuria Lake had ceased functioning as a water body and had become a garbage dump before its redevelopment into a park
  • The court ruled that demolishing the Rs 5 crore recreational park would cause greater ecological harm by felling mature trees and waste public investment in a vital urban green space
  • While upholding the public trust doctrine, the judgment held that the Bombay High Court failed to account for transformed ground realities and the park’s substantial community value
  • An expert committee must be formed within three months to assess the feasibility of developing an alternative water body in Kandivali West as compensatory ecological restoration
  • The Municipal Corporation of Greater Mumbai is ordered to restore other deteriorated city water bodies within 12 months and submit compliance reports every six months for three years, with a warning against delayed environmental challenges