“Environmental Disaster”: Plea In Bombay High Court Against Theme Park Planned At Mahalaxmi Race Course

A green activist has filed a petition before the Bombay High Court challenging the decision of the Maharashtra government and the Municipal Corporation of Greater Mumbai (MCGM) to develop a 120-acre theme park at the Mahalaxmi Race Course.

A division bench of Justices Gautam Patel and Kamal Khata said they would hear the matter of ad-interim reliefs on Wednesday after the court was assured no major decisions would be taken till then.

“Mr. [Vineet] Naik, we trust that none of the entities involved are going to do anything to precipitate the issue till then, since petitions are filed. Don't tell us this is fait accompli on that day. We will take a very dim view of that. List the matter on January 24, 2024. We make it clear ad-interim relief is not rejected. We are keeping the matter for hearing on ad-interim reliefs.”

The petition is filed by city resident Satyen Kapadia who has termed the government's decision as "arbitrary, capricious, patently illegal" and an “environmental disaster”.

The petition states that the Mahalaxmi Race Course is one of the few remaining large open public spaces in the city and developing a theme park over it would deprive citizens of this space.

“The impugned decisions if implemented, would be an environmental disaster for the city. Only 40% of the population of Greater Mumbai has access to daily recreation spaces such as the said land. In one stroke, the impugned decisions will lead to the loss of 210 contiguous acres of open green space,” the plea said.

The petition challenges the decision taken in a meeting dated 6th December 2023 between the Chief Minister, Municipal Commissioner and representatives of Royal Western India Turf Club Ltd (RWITC) which operates the race course.

As per the petition, in the said meeting it was decided that the State government and MCGM will develop a theme park on 120 acres of the race course land while the remaining 91 acres will be leased to RWITC. The lease period would be 10 years from 2013 to 2023 and another 30 years from 2023 to 2053.

The petition highlights that Section 91A(2)(b) of the Mumbai Municipal Corporation Act, 1888 shows the land has been “permanently appropriated as an open space" subject to certain conditions. It is a right coupled with a duty to preserve the same.

The petition terms this decision as illegal and unconstitutional. It highlights Race Course has heritage value and has always been an open recreational space accessible to all citizens. Converting it into a ticketed theme park will deprive people of this open space which is extremely important for a city like Mumbai, the plea highlights.

The petition prays that the High Court quash the decision to develop a theme park at the race course. It also seeks directions to the government and MCGM to retain the land as an open space accessible to the public.

“The impugned decisions fail to take into account the fact that the said land is used as a race course only during race days, which account for approximately only 22 days in a year. For the remaining days, the said land is used by the public for free as a playing field, a walking track and a space for other recreational activities. The said land has been used in this manner for over a century. Thus, the said land is a public land, and could not under any circumstances be parceled out for an unknown purpose without any discussion with the members of the public. The impugned decisions are therefore completely arbitrary, unreasonable and opposed to Articles 14 and 21 of the Constitution of India.”

Appearances – AG Birandra Saraf for the State

Sr Adv Janak Dwarkadas instructed by Ganesh and Co. for the petitioners

Sr Adv Vineet Naik for Royal Western India Turf Club Ltd

Adv Joel Carlos for MCGM