Bombay HC to hear plea against theme park proposal at Mahalaxmi Racecourse on January 24, no ‘precipitative action’ till then

A division bench of Justice Gautam S Patel and Justice Kamal R Khata, while hearing a writ petition by a 54-year-old city resident, Satyen Kapadia who regularly visits the racecourse orally remarked, “We trust that none of the entities that are involved are going to do anything to take precipitative action till next date.”

In its order, the bench noted that at the request of the parties, the matter will be heard on January 24. “We make it clear that we have not rejected prayer for ad interim relief but we will consider for ad interim on that day. All contentions of the parties are kept open.”

Senior advocate Vineet Naik for the Turf Club said that soon the open house will be held at Royal Western India Turf Club (RWITC) that manages the Racecourse and it will be attended by the BMC Commissioner.

However, senior advocate Janak Dwarkadas for Kapadia argued that the petition has even challenged the powers of the authority to propose such a park and therefore, the HC should intervene in the matter.

Kapadia, in his plea, sought that the impugned decision taken at the December 6, 2023 meeting held between Chief Minister Eknath Shinde, BMC and office-bearers of RWITC to develop the said land as public garden/theme park and same be quashed.

Kapadia also sought a direction from the HC to prohibit the respondent authorities from taking any action based on the impugned decision and also a direction to authorities to withdraw or cancel them.

The petitioner further sought that the respondent authorities be asked to retain the said land and maintain it in its present form as an open space and recreation ground without any restriction to the public.

Moreover, he demanded there should not be a construction of any kind on the land including club house, theme or amusement park, residential or commercial buildings, and hotels, among others

He demanded the surface of the land be retained with mud and grass and the proposal plan for the theme park be withdrawn. Pending hearing and final disposal, the petitioner sought stay on the implementation of the impugned decision.

“The authorities failed to consider that the said land in present form serves public purpose far better than theme or amusement park would as the land is accessible to all members of public,” the plea stated, adding that the land was earmarked and appropriated as permanent open space and the proposed development will deprive it of its nature as an open space.

At present, the Racecourse is managed by Royal Western India Turf Club (RWITC), which acquired the land on a 30-year lease in 1934 that was later renewed in 1964 for another 30 years. In 1994, a 19-year lease was signed and it expired in 2013, following which the BMC hasn’t renewed the lease.

The Mahalaxmi Racecourse has been in the centre of a controversy in January, last year after the civic body re-floated its decision to set up a theme park there by relocating the Racecourse.