State’s plan to set up theme park on racecourse land challenged in HC

A city resident has filed a petition in the Bombay high court calling the state government’s proposal to set up a theme park on the Mahalaxmi racecourse land “arbitrary, capricious, and patently illegal”.

A division bench of Justice Gautam Patel and Justice Kamal Khata, which heard the matter briefly on Thursday, set January 24 as the next date of hearing. The court, however, hoped that neither of the parties involved would take any precipitative action till then.

Senior advocate Vineet Naik, representing Royal Western India Turf Club (RWITC) that manages the racecourse, informed the court that an open house would soon be held at the club.

On behalf of the petitioner, Satyen Kapadia, senior advocate Janak Dwarkadas argued that the plea challenged the authority’s power to propose a theme park. Kapadia said the Mahalaxmi racecourse is among the few remaining large open public spaces in the city. The decision to develop a theme park on 120 acres of the 211-acre racecourse land was made in a meeting on December 6, 2023, where the chief minister, the municipal commissioner, and RWITC representatives were present, he said.

The petition argued that the land is designated as a recreational ground under the current development plan of 2034 and is also classified as heritage grade II-B land as per a 2016 resolution. Developing such spaces is impermissible under the law, and it violates the Mumbai Municipal Corporation Act, 1888, the petition claimed.

“The impugned decision, if implemented, would be an environmental disaster for the city. Only 40% of the population of Greater Mumbai have access to recreation spaces such as the said land,” the plea said.

Moreover, the petition stressed that the government’s duty is to preserve open spaces as a public trust, and permanent appropriation would violate the residents’ fundamental right to a healthy environment.

The move to develop the racecourse as a theme park is merely a pretext to enclose and monetise the land, providing illegal benefits to the government, the petition said and urged the high court to overturn the decision.