Reclaimed Mumbai coastal road land must stay open to public, no commercial use: SC

The Supreme Court on Monday ruled that the reclaimed land along the Mumbai Coastal Road (South) must ordinarily remain open to the public and cannot be used for any residential or commercial development, now or in the future.

A Bench of Justices J.K. Maheshwari and Atul S. Chandurkar made the observation while disposing of a public interest litigation (PIL) challenging the Brihanmumbai Municipal Corporation’s (BMC) move to engage private agencies for landscaping and long-term maintenance of the reclaimed coastal land.

The court made it clear that even though parts of the area may be developed or maintained under corporate social responsibility (CSR) initiatives — including proposals involving Reliance Industries — the land cannot be diverted for private or commercial purposes.

“The land reclaimed should not be utilised for any residential or commercial development/purposes, presently or at any time in the future,” the Bench said, reiterating the position it had already taken in an earlier order dated 30 September 2022.

Public access to remain the norm

Emphasising public access, the court said the reclaimed stretch of the Dharmaveer Swarajyarakshak Chhatrapati Sambhaji Maharaj Mumbai Coastal Road (South) must “ordinarily remain open for the public”.

It added that limited restrictions may be allowed only where specific development or maintenance work is required in particular pockets, but such activity cannot alter the public character of the land.

The judges noted that their 2022 ruling had already permitted certain development activities — such as landscaping of the seaside promenade and road medians — as part of the coastal road project. However, that permission came with a clear and permanent bar on any residential or commercial exploitation of the reclaimed area.

PIL against BMC’s EoI

The case arose from a petition filed by Jipnesh Narendra Jain, who challenged the Expression of Interest (EoI) issued by the BMC on 19 December 2024.

The civic body had invited private entities to act as a “volunteer agency” for the development and long-term upkeep of landscaping, gardens and the promenade along the Mumbai Coastal Road (South).

The petitioner sought the quashing of any decision appointing Reliance Industries Limited or Reliance Foundation for the project, arguing that allowing a private corporate entity to manage the space could pave the way for future commercialisation of the reclaimed land.

Court draws clear red line

Disposing of the PIL, the Supreme Court said the concerns raised by the petitioner had already been addressed in its earlier directions, which unequivocally barred any private or commercial use of the land.

By restating those restrictions, the Bench underlined that the reclaimed coastal stretch is to remain a public asset — meant for citizens’ access and enjoyment — and not a site for real estate, business ventures or exclusive facilities, regardless of who undertakes its maintenance.

The ruling effectively puts a permanent judicial seal on the nature of the reclaimed land, ensuring that future governments, civic authorities or private partners cannot alter its public character.