40 PLUS MASTER CRICKETERS ASSOCIATION , NAVI MUMBAI THR AUTH SIGN GURURAJ MARUTI MANGNAIKversusNAVI MUMBAI MUNICIPAL CORPORATION THROUGH ITS ADMINISTRATOR AND ORS

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION

                  WRIT PETITION NO. 13300 OF 2024
40 plus Master Cricketers Association    ]
Navi Mumbai, through its Authorized      ]
Signatory Gururaj Maruti Mangnaik        ]
Age 57 years, Occ: Business, having      ]
address at Anuradha Building Ghar No.717,]
First Floor, Turbhe, Navi Mumbai,        ]
District : Thane 400705                  ]      ….Petitioner.
                  Vs.
1. Navi Mumbai Municipal Corporation        ]
   through its Administrator,               ]
   Head Office, Sector – 15A,               ]
   CBD Belapur, Navi Mumbai-400614.         ]
                                            ]
2. CIDCO Ltd.,                              ]
    through Managing Director CIDCO Ltd.,]
   Having registered Office at: Nirmal      ]
               nd
   Building, 2 Floor, Nariman Point,        ]
   Mumbai – 400 021 AND                     ]
   Having Head Office at: CIDCO Bhavan, ]
   CBD Belapur, Navi Mumbai 400 614         ]
                                            ]
3. Maharashtra Coastal Zone                 ]
   Management Authority, through its        ]
                                         nd
   Secretary, Environment Department, 2 ]
   Floor, Room No.217, Annexe Building ]
   Mantralaya, Mumbai 400 032.              ]
                                            ]
4. Maharashtra Forest Department            ]
   Mangrove Cell, through its Additional ]
   Principal Chief Conservator of Forests ]
   (APCCF), having registered Office at - ]
   302, Wakefield House, 3rd Floor, Ballard ]
   Estate, Above Britania & Co. Restaurant, ]
   Fort, Mumbai – 400 001.                  ]
                                            ]
5. The State of Maharashtra,                ]
   Urban Development Department,            ]
                           th
   through its Secretary, 4 Floor, Main     ]
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   Building, Madam Cama Road, Hutatma ]
   Rajgur Square Mantralaya, Mumbai -     ]
   400 032.                               ]
                                          ]
6. The State of Maharashtra,              ]
    through its Principal Secretary,      ]
    Mantralaya, Madam Cama Road,          ]
    Hutatma Rajguru Square, Nariman Point,]
    Mumbai – 400 032                      ]            …. Respondents.


Mr. Akshay S. Malviya a/w Mr. Gopal Dalvi, Mr. Fazal Mulla,
Mr. Ayman B. Khan, Advocates for the Petitioner.

Dr. Milind Sathe, Senior Advocate, a/w Mr. Tejesh Dande, Mr. Bharat
Gadhavi i/b Mr. Tejesh Dande, Advocates for Respondent No.1-NMMC.

Mr. Rahul Sinha, Mr. Soham Bhalerao, Mr. Arnav Ashtikar i/b DSK
Legal, Advocates for Respondent No.2-CIDCO.

Ms. Jaya Bagwe, Advocate for Respondent No.3-MCZMA.

Ms. Neha S. Bhide, G.P. a/w Mr. O.A. Chandurkar, Addl.G.P., Mr. S.P.
Kamble, A.G.P. for Respondent Nos. 4 to 6.

Mr. Santosh Chowdh, Deputy Engineer NMMC, present.

Mr. Santosh Pawar, Asst. Engineer, NMMC, present.


                        CORAM : RAVINDRA V. GHUGE, ACJ. &
                                GAUTAM A. ANKHAD, J.

                        DATE       : 27TH AUGUST, 2026.
P.C. :

1.                The Petitioner has filed this Petition seeking the following

reliefs:

      (a) that, this Hon’ble Court be pleased to issue appropriate
          writ or Direction(s) or Order(s) in the nature of certiorari
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             quashing and setting aside the Tender proposal for the
             development of the Hospital and Medical College on the
             playground near the Holding Pond in CRZ IA and CRZ II
             areas, and quash the Tender/e-tender dated 09.09.2024;
      (b) that, this Hon’ble Court be pleased to issue appropriate
          writ or Direction(s) or Order(s) in the nature of certiorari
          quashing the proposal for the development of the Hospital
          and Medical College on the playground near the Holding
          Pond in CRZ IA and CRZ II areas, and quash the lease
          agreement dated 28.06.2024;
      (c) that, this Hon’ble Court be pleased to issue appropriate
          writ or Direction(s) or Order(s) in the nature of
          Mandamus or any other writ thereby directing the
          Respondents restraining the Respondents from carrying
          out any construction or development activities on the
          playground near the Holding Pond in the CRZ IA and
          CRZ II areas;
      (d) that, this Hon’ble Court be pleased to issue appropriate
          writ or Direction(s) or Order(s) in the nature of
          Mandamus or any other writ thereby directing the
          Respondent No.1, 2 and 5 to maintain and protect the
          playground as an open space for the use of the local
          residents and project Affected persons of nearby villages;
      (e) that, this Hon’ble Court be pleased to issue appropriate
          writ or Direction(s) or Order(s) in the nature of
          Mandamus or any other writ thereby directing the
          Respondent No.1, 2 and 5 to restore the ecological
          balance of the area by rehabilitating the playground and
          its surrounding environment, in accordance with the
          principles of sustainable development by desilting and
          increasing the capacity of Holding Ponds;”


2.                This Petition pertains to a piece of land bearing Plot No.4,

Sector 15-A, CBD Belapur, admeasuring 21,623.16 square metres (‘said

land’). It is an admitted position that the said land belongs to

Respondent No.2, CIDCO and has been leased by it to Respondent No.1,

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Municipal Corporation. The Petitioner principally challenges the Tender

floated by Respondent No.1 for construction of a Super-speciality

Hospital and Medical College on the said land. The Petitioner further

contends that the Respondents ought not to proceed with the proposed

construction since the members of the Petitioner Association, as well as

other local residents, have been using the said land for sporting and

recreational activities.


3.                We have heard this matter on a few occasions. We were

unable to accept that the Petitioner, having no right, title or interest in the

said land, can seek to restrain the owner/lessee from dealing with it in

accordance with law. Nevertheless, since an argument pertaining to

availability of open space and denial of sporting facilities for the local

residents was advanced, we called upon Respondent Nos.1 and 2 to

ascertain whether any suitable alternative playground was available in

the vicinity.


4.                Dr. Sathe, learned senior advocate appearing for Respondent

No.1, tenders a list of 14 playgrounds situated in the Belapur-Nerul

Node, as also a copy of the Draft Development Plan of the said area. The

same are taken on record and marked ‘X-1’ and ‘X-2’ for identification.

Dr. Sathe submits that Plot No.N-107 at Sr. No.11 on ‘X-1’, which is

also mapped in ‘X-2’, has been reserved as a playground under the
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Draft Development Plan. It is situated across the road from the said land

and the sporting needs of the Petitioner / local residents can be

accommodated at the alternate site. However, mere usage will not create

any right, title or interest in Plot No.N-107 in favour of the Petitioner or

other such persons.


5.                Dr. Sathe further points out that Public Interest Litigation

No.117 of 2024, Conscious Citizen Forum v. State of Maharashtra &

Ors., was also instituted in relation to the same subject matter and came

to be dismissed by this Court on 13th February, 2026. Along with such

dismissal, the interim order dated 30th September, 2024 passed in the

present proceeding was vacated.



6.                We have considered the rival submissions and perused the

material placed before us. The Petitioner, as is admitted, has no right,

title or interest in the said land. Thus, the Petitioner has no right to

demand that a particular land must forever continue to be maintained as

a playground. This Court, in exercise of its Writ jurisdiction, cannot

create a proprietary or vested right in favour of the Petitioner, where

none exists in law.


7.                In our view, the course suggested by Dr. Sathe is reasonable.

A perusal of the documents marked ‘X-1’ and ‘X-2’ indicates that there
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                   are approximately 14 plots which are reserved/open spaces within the

                   area of Respondent No.1. Plot No.N-107 is presently earmarked as a

                   Playground under the Draft Development Plan and is situated across the

                   road from the said land. The same can, therefore, be used for recreational

                   activities. This usage shall not create any right or interest in Plot

                   No.N-107, in favour of the Petitioner or any other person.


                   8.                It is clarified that if the reservation on Plot No.N-107 is

                   proposed to be altered or modified in future, such alteration shall be done

                   in accordance with law.


                   9.                In the event the Petitioner encounters any difficulty in using

                   or accessing Plot No.N-107, the Petitioner is at liberty to bring the same

                   to the notice of Respondent Nos.2 and 3, who shall consider the

                   grievance and take such appropriate corrective steps to address the

                   grievances of the Petitioner.


                   10.               Writ Petition No.13300 of 2024 is disposed off in the

                   above terms.




BHARAT
                   [ GAUTAM A. ANKHAD, J. ]                      [ ACTING CHIEF JUSTICE ]
DASHARATH
PANDIT

Digitally signed
by BHARAT
DASHARATH
PANDIT
Date: 2026.08.28
11:43:02 +0530




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