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 ] Building, 2nd 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 ] Secretary, Environment Department, 2nd ] 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, ] through its Secretary, 4th Floor, Main ] 1/6 WP-13300-24.odt bdp 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 2/6 WP-13300-24.odt bdp 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, 3/6 WP-13300-24.odt bdp 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 4/6 WP-13300-24.odt bdp 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 5/6 WP-13300-24.odt bdp 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. [ GAUTAM A. ANKHAD, J. ] [ ACTING CHIEF JUSTICE ] 6/6 WP-13300-24.odt bdp BHARAT DASHARATH PANDIT Digitally signed by BHARAT DASHARATH PANDIT Date: 2026.08.28 11:43:02 +0530