No final decision yet on theme park at racecourse: State to HC

MUMBAI: The state government on Wednesday told the Bombay high court (HC) it has not yet taken a final decision on the construction of a 120-acre theme park at the Mahalaxmi Race Course in south Mumbai and clarified only a proposal in this regard has been mooted.

Advocate general Birendra Saraf, representing the government, submitted before a division bench of justices Gautam Patel and Kamal Khata that three petitions filed against the usage of the sprawling horse racing track in the upscale locality for a theme park were premature.

According to Saraf, the minutes of a meeting on December 6, 2023, between the chief minister, municipal commissioner, and representatives of the Royal Western India Turf Club Ltd (RWITC), which operates part of the racecourse, only represented a “vision,” making the petition premature. He asserted that the plan is still under consideration, and the state has the right to explore multiple options before deciding the fate of the land.

“There is no decision by the state government on what is to be done with the land,” he insisted. He clarified that only a portion of the land is proposed for development, and the remaining land will be utilised after floating proper tenders.

Senior Advocate Mukul Rohatgi, representing the BMC, emphasised the state’s ownership rights and the expiration of the lease, asserting that the state has the complete right to decide the land’s future.

He also noted that the petition, presented as a writ petition, is actually in the nature of public interest litigation, outside the roster of this court. However, senior advocates Janak Dwarkadas and Navroz Seervai, representing the petitioners, argued that the matter involves club members with private interests and should be addressed by the bench headed by justice Patel.

Unable to hear matters outside its roster, the court sought administrative directions from the chief justice. After considering the matter, the chief justice agreed to pass appropriate administrative orders.

A bench of justice Gautam Patel and justice Kamal Khata heard three petitions against the proposed theme park in Mahalaxmi Racecourse. The petitions filed by a businessman, environmentalist, and an RWITC member respectively alleged that in the December 6 meeting decided to develop a theme park on 120 acres, leasing the remaining 91 acres to RWITC.

The petitions deemed this decision illegal and unconstitutional, emphasising the heritage and open recreational value of the Racecourse. The conversion into a ticketed theme park would deprive citizens of crucial open space in Mumbai.