top of page

Mumbai's Ground Reality: Layout open spaces on podiums 

How can we advocate for preserving permeable open spaces in developments?

The Mumbai Climate Action Plan (MCAP), March 2022 highlights that increased Land Surface Temperature (LST) is caused by a large built-up footprint, extensive use of concrete, asphalt, and minimal vegetation, largely exacerbating the urban heat island (UHI) effect. Further, more the quantum of concrete surfaces greater will be the run-off rates, creating a further strain on the already exhausted drainage networks of Mumbai. It is further exacerbated by the fact that Mumbai being a coastal city, it already struggles with monsoon water flows at high tide times.

Urban Heat Island (UHI) effect is a heat accumulation phenomenon within an urban area that is a consequence of urban construction and human activities. It has been recognized as the most evident characteristic of urban climate. (MCAP 2022)

​​

At UCM, we are committed to promoting sustainable urban planning in Mumbai by advocating for green infrastructure, indigenous tree planting, and increased permeable surfaces. By integrating nature-based solutions. We aim to mitigate adverse effects of urbanization, and create a more livable spaces for its residents.

Facts and Reports/Background

  • Supreme Court Judgement by H.L. Gokhale (Special Leave Petition (Civil) no. 33402/2012) clearly states under “Issue No. (i) – The minimum recreational space as laid down under Development Control Regulation (DCR) 23, cannot be reduced on the basis of DCR 38(34). The recreational space, if any, provided on the podium as per DCR 38(34)(iv), shall be in addition to that provided as per DCR 23….”;

  • DCPR 2034, Part IV, 27 (2) which states that “…minimum 60% of the required LOS shall be provided exclusively on the ground and at least 50% of this shall be provided on mother earth to facilitate the percolation of water... “and “…the entire LOS may be provided on top most podium subject to condition that 1.5 m. unpaved distance shall be kept for planting of trees….” is in violation of the SC Judgment no. 33402/2012.

  • In 2023, In a Special Leave Petition filed by activist Sagar Devre, the Supreme Court stayed a Bombay High Court Order that allowed Recreational Grounds (RGs) on podiums. The dispute centres on a National Green Tribunal (NGT) decision stating that RGs must be open to the sky and located on natural ground to promote ecological balance.

  • NBT was established in 2010 under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment.

Issues/Implications

  • By permitting mandatory LOS (layout open space) to be wholly or partly developed on constructed podiums, Regulation 27 of the DCPR 2034 completely eliminates the onus on Developers to keep ’mother earth’ open and permeable, permitting full concretisation of every plot while reducing the requirement to maximise the permeable Mother Earth.

  • This shrinking Mother Earth will allow no water percolation and 100% of surface water from all plots will run on to public streets, worsening water-logging and flooding issues, and the urban heat island effect.

  • Lack of adequate depth for natural soil in podium-based RGs will restrict planting of deep-rooted indigenous trees and vegetation which are vital for cooling, air purification and biodiversity.

  • Podium-based RGs are largely redundant and mainly decorative as they lack the essential ecological functions of ground-level green areas, they also contribute to a poor urban fabric.

  • Podium means a one or more floors of a building extending beyond building line/s used for parking, other services and incidental purposes.

Strategic Framework 

  • In order to increase permeable surfaces, Regulation 27 of the DCPR 2034 to be immediately rectified to mandate 100% of layout open space on Mother Earth as per the SC Judgement by H.L. Gokhale (SPL (Civil) no. 33402/2012.

  • The DCPR should mandate the planting of indigenous trees on plot on Mother Earth within the layout open space to maximise green cover and improve urban bio-diversity, also alleviating the urban heat island effect.

bottom of page