I have come across several instances, where the builders on one pretext or the other, sell away a part of the recreation grounds. For instance, they build Recreation Grounds on the podium and sell away the Recreation Grounds on the ground floor.
They can not do so. The Supreme Court has held that the right to live includes the right to live in a clean environment.
“The scheme under the Indian Constitution unambiguously enshrines in itself the right of a citizen to life under Article
21 of the Constitution. The right to life is a right to live with dignity, safety and in a clean environment.”
In the following decision, the Supreme Court held that the Recreation Ground on the Podium has to be in addition to the Recreation Grounds on the ground floor.
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.11150 OF 2013 (@ out of SPECIAL LEAVE PETITION (CIVIL) NO. 33402/2012)
Municipal Corporation of Greater Mumbai and Ors. … Appellants
Kohinoor CTNL Infrastructure Company Private Limited and another … Respondents