Nagpur: In a major relief to citizens opposing the controversial redevelopment of Nagpur’s historic Ambazari Garden, the Supreme Court has stayed an order of the Nagpur Bench of the Bombay High Court that had allowed Garuda Amusement Parks Ltd to seek a personal hearing before the Maharashtra Tourism Development Corporation (MTDC).
The apex court bench, comprising Justice Vikram Nath and Justice Sandeep Mehta, admitted a Special Leave Petition filed by Ambazari residents Vyankatrao Chaudhary, Ashok Dongre, and Bharat Jawade. The petitioners alleged “forum shopping” by the private contractor and accused it of procedural impropriety.
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20 May 2025
Appearing on behalf of the petitioners, Advocate Dr. Tushar Mandlekar pointed out that Garuda had withdrawn an earlier, identical petition filed at the Bombay High Court’s principal seat in Mumbai, only to refile it before the Nagpur Bench. “This is a classic case of bench hunting — an attempt to seek the same relief from a different bench,” Mandlekar told the court.
Taking cognisance of the matter, the Supreme Court stayed all proceedings before the Nagpur Bench and issued notices to the State Government, MTDC, and Garuda Amusement Parks Ltd. The respondents have been asked to file their replies within four weeks.
The petition also raised jurisdictional objections, citing Clause 38.1 of the 2019 concession agreement, which vests exclusive legal authority with the Bombay High Court at Mumbai. “The writ petition filed before the Nagpur Bench is not maintainable,” the petitioners argued.
The legal battle stems from a series of contentious developments involving the 44-acre heritage-tagged Ambazari Garden. In 2023, the MTDC issued a stop-work order after a Divisional Commissioner-led panel found that the contractor had illegally demolished the Dr. Ambedkar Sanskrutik Bhavan during the COVID-19 lockdown — without obtaining clearance from the Nagpur Municipal Corporation.
The petitioners further informed the court that a related Public Interest Litigation (PIL) is pending before the High Court, challenging the State’s land-use change notification and alleged unlawful land transfer. The PIL claims environmental degradation and financial irregularities totalling over ₹2,000 crore. “The land was leased in 2017 for just ₹1 per year for 30 years, and was later awarded to PK Hospitality, which subcontracted it to Garuda without due process,” Mandlekar said.
Granting a hearing to Garuda, the petitioners warned, would effectively dilute the existing stop-work order and interfere with ongoing legal scrutiny.
The petitioners were represented by Advocate Dr. Tushar Mandlekar, assisted by Advocate Astha Sharma (AOR) and Advocate Anju Thomas.
