Supreme Court Sets Aside Bombay HC Order To Restore Khajuria Lake, Directs Preservation Of Garden As Public Green Space
Mumbai: The Supreme Court on Thursday set aside a 2018 Bombay High Court directive that had ordered the Municipal Corporation of Greater Mumbai (BMC) to restore the 100-year-old Khajuria Lake in Kandivali West. The lake had been filled in, and a public garden constructed over it by the BMC.
The apex court, however, ruled that the park shall now be preserved “through perpetuity as a green space exclusively for public use without any predominant commercial activity.”
A bench comprising Justices Surya Kant and N. Kotiswar Singh emphasised that while there was evidence that a water body once existed at the site, it was not conclusively functional when redevelopment began in 2009. The land had “deteriorated into a garbage dumping ground that had completely lost its original character as a water body,” the Court noted.
The judgment took into account three key factors: the past condition of the water body, the current ecological value of the park, and the feasibility of restoration. The Court found that the park, which became functional around 2011, had matured into a vital green space in the densely urbanised locality.
“We are adjudicating this appeal in 2025, nearly 15 years after the park became functional. During this extended temporal span, an entire generation of children has grown up with this green space as an integral component of their existence,” the Court observed.
Acknowledging the ecological value of the park, the Court cited its role in oxygen generation, air purification, and climate regulation. Restoration of the original lake, it held, would involve significant public expenditure and may paradoxically lead to environmental harm.
“Such an outcome would create a paradox wherein environmental restoration results in greater ecological harm than the original transformation — a classic case of counterproductive remedial intervention,” the Court warned.
The Court expressed concern that recreating a lake without a natural catchment would be unsustainable and could pose health hazards, especially during the monsoon. It also pointed out that the petitioner had approached the High Court nearly five years after the project began, stating, “It is well-settled that environmental grievances must be raised promptly when alleged violations commence and not after transformative changes have materialised and become entrenched,” the Court said, adding that this delay had led to an “irreversible fait accompli.”
As compensation, the Supreme Court ordered the formation of an expert committee within three months to explore the feasibility of developing an alternative water body in the vicinity. It also directed the municipal body to undertake comprehensive ecological restoration of other deteriorating water bodies in the city within a year.
The High Court had passed the order while hearing a PIL by a resident, Pankaj Kotecha. The PIL contended that the lake was originally part of land granted by the State Government to Vithaldas Mathurdas and other heirs of the Khimji Vallabdas Trust Estate, and now belongs to the Collector.
The petitioner had claimed the lake was used for Ganesh idol immersion and housed rare fish and tortoises, with birds frequenting its mangroves. However, these claims could not outweigh the irreversible transformation already effected.
Bhoomi Pujan for the garden was performed in 2010, and a musical fountain was later added. The municipal garden was officially opened to the public in December 2011.
Despite the historical significance, the Supreme Court held that restoration at this stage would be impractical, given the evolved ecological, social, and urban context. The apex court said we must strike a pragmatic balance between environmental history and contemporary urban sustainability.
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