Plea Against Proposed Theme Park At Mahalaxmi Racecourse 'Premature', No Final Decision Yet: Maharashtra Govt To Bombay High Court

The Maharashtra Government and the BMC informed the Bombay High Court on Wednesday that petitions against a proposed theme park on 120 acres of Mahalaxmi Racecourse are “premature” and replete with speculation as a final decision isn't taken yet.

The Advocate General for the State emphasized that the minutes of a meeting dated 6th December 2023 between the Chief Minister, Municipal Commissioner and representatives of Royal Western India Turf Club Ltd (RWITC) which operates part of the race course, displayed only a “vision.”

“According to us the petition is premature. We are on the stage of consideration and no final decision has been made. The minutes that they refer to is a proposed course of action. The minutes say, RWITC will take a decision and make a proposal, which will be considered at various levels.”

Regarding the remaining land, the government will decide what use to put it to by following proper procedure by floating tenders, he added.

Justices GS Patel and Kamal Katha's bench noted that the petitioners were primarily concerned with Section 91A(2)(b) of the Mumbai Municipal Corporation Act, 1888 which states the land has been “permanently appropriated as an open space" subject to certain conditions.

“It states the land can be leased for the racecourse or for any purpose of public recreation or amusement. Now does public recreation or amusement take into its swig construction that would be necessary for amusement park?”

However, AG Birendra Saraf assured the court nothing would be carried out in violation of Section 91A(b). “Today these are visions the authorities have. I am clarifying, no final decision has been taken that a theme park will be an amusement park, or what user the land is put to. There is nothing to show rollercoasters in an amusement park.”

Senior Advocate Mukul Rohatgi added, “It is all speculation. The state government is the owner. Turf Club has no right after the lease expired. It is an unauthorized occupant. The state govt can chuck them out, take over the land and do whatever they want.”

Meanwhile, the State and BMC also raised objections asserting that the petitions were actually PILs filed as writ petitions and must be heard by the appropriate bench.

However, Senior Advocates Janak Dwarkadas and Navroz Seervai for the petitioners strenuously argued that the matter could be taken up by the bench of headed by Justice Patel.

Observing that the bench was “reluctant to even venture to take up a matter which is possibly or even arguably outside our roster” the court requested the Master and Assistant Prothonotary, to urgently obtain the necessary administrative directions from the Chief Justice in regard to all three matters.

Subsequently the matter was mentioned before the CJ who said an appropriate decision would be taken.

Background

The court was hearing a clutch of three petitions file by a businessman, a environmentalist and member of the RWITC.

The petition alleged that in the December 6 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 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.

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