Filed in 2002, the petition challenged a 1992 government policy allowing slum redevelopment on lands reserved as public open spaces under the Development Plan. NAGAR argued this led to a loss of vital public amenities and violated citizens’ constitutional rights. The Bombay High Court issued an interim order restricting such redevelopment without prior court approval, preserving open spaces for nearly two decades. In 2022, the case was reopened to challenge Regulation 17(3)(D)(2) of DCPR 2034. This regulation, which replaced the earlier 1992 policy, continued to permit slum redevelopment on open space lands, with slightly revised terms. NAGAR argued that it merely repackaged the earlier policy without adequately addressing the loss of open spaces or the need for sustainable urban development, and thus posed the same environmental and constitutional concerns.

19 July 2025: 

Final judgment pronounced. After a detailed hearing, the Court upheld the constitutional validity of Regulation 17(3)(D)(2) of the DCPR 2034 and dismissed the writ

petition to that extent. Accordingly, while upholding the validity of Regulation 17(3)(D)(2), in exercise of their jurisdiction under Article 226 of the Constitution of India, and in furtherance of the duties cast upon the State under Article 48A of the Constitution and the mandate of Sections 22, 31 and 158 of the MRTP Act, the Court issues 17 directions to ensure preservation and protection of lands reserved as open spaces in the sanctioned Development Plan (DP) of Mumbai

The writ petition is listed for compliance on 4th December 2025.