Mumbai: A group of individuals and associations who frequently use the Mahalaxmi Racecourse have expressed strong objections to the proposed modification of the Development Control and Promotion Regulations (DCPR) 2034. The regulation, introduced by the Brihanmumbai Municipal Corporation (BMC), aims to specifically apply only to the Mahalaxmi Racecourse and will not extend to other clubs, gymkhanas, or plots reserved for such purposes within the BMC's jurisdiction.
The group, in a letter to the Chief Engineer (Development Plan), has urged that the current designation of the racecourse as Recreation Ground EOS 2.6 in the Sanction DP-2034 should be retained. They emphasized that the current amenity is suitable for all current or proposed activities in the racecourse, including horse racing by the Royal Western India Turf Club (RWITC) and other activities conducted by private citizens.
A member from Joggers and Walkers association said, “We are writing to express our strong opposition to the proposed modifications to the Mahalaxmi Race Course, a public open space that is widely used by people from all walks of life for various activities. The race course is a vital public space that provides a healthy and natural environment for people to engage in physical activity, such as walking, jogging, yoga, sports coaching, dance, horse riding, dog walking, and aeromodelling. These activities are not only beneficial for individual physical and mental well-being but also promote social interaction and community bonding.”
Tushar Shetty, a resident of Saat Rasta, remarked, “Taking a stroll in the area is a pleasant experience, with numerous pedestrians and a variety of activities taking place. The space is often abuzz with games, sports training, and an emphasis on environmental sustainability. Many sports enthusiasts congregate here, and it's essential that these activities are not compromised by the new plan. Unfortunately, a significant portion of the area has been earmarked for road construction, leaving us with limited open spaces. As a result, we would have to venture to Priyadarshini Park or Marine Drive for recreational activities. Consequently, we are vehemently opposed to the loss of this public space."
Another member from Joggers and Walkers Association added, “The proposed modifications to the race course would fundamentally alter its character and destroy its essential nature as a permeable public open space. We believe that this would be a violation of the public trust doctrine, which holds that certain resources, including public spaces, are held in trust for the benefit of the general public. The Supreme Court of India has emphasized the importance of preserving public open spaces, recognizing that they are essential for maintaining a healthy and natural environment. In several judgments, including MI Builders Pvt. Ltd. v. Radhey Shyam Sahu & Ors., T.N. Godavaran Thirumulpad, In re v. Union of India & Ors., and Vellore Citizens' Welfare Forum v. Union of India, the court has reiterated the need to protect public spaces from encroachment and misuse. We strongly believe that the proposed modifications would be detrimental to the public interest and would prioritize private interests over public interests.”
A member of Amateur Riders’ Club (ARC) highlighted, “The modifications would be in violation of Section 91A(2)(b) of the Mumbai Municipal Corporation Act, which requires that public open spaces be preserved and maintained for public use. We urge you to reject the proposed modifications and instead preserve the Mahalaxmi Race Course as a vital public open space for future generations to enjoy.”
Experts say, “The Race Course is a vital open space that serves as a natural drainage system, preventing floods and waterlogging in the city during monsoons. Built on reclaimed land, it's situated below sea level, allowing water to collect and drain naturally. This permeable surface helps prevent surface runoff into low-lying areas, ensuring the city's safety and well-being. Any construction or concretization in this area would severely exacerbate flood frequency and severity, making it essential to preserve the current state of the Race Course.”
Local activists pointed out that the preservation of the Race Course is not only a practical necessity but also a fundamental right of citizens. The Doctrine of Public Trust has been enshrined in Article 21 of the Constitution of India, recognizing that public spaces are essential for the well-being of citizens. This doctrine has been consistently upheld by the Hon'ble Supreme Court of India, ensuring that public spaces are protected and preserved for future generations. By retaining the Race Course as a permeable open space, we can ensure that it continues to serve as a vital asset for the city's residents, while also upholding the fundamental rights of citizens.
Activists' Allegations
The activists claim that there is a significant mismatch between the Notification and the map displayed in the BMC office. According to Schedule-A, Plot B (77 acres) is not supposed to be modified, but the map shows it as a "Public Park/Theme Park". Since the map has not been widely circulated, only the modifications proposed in the Notification can be carried out. Therefore, no changes can be made to Plot B, and the existing user must be retained.
Locals objecting the modification highlighted that, The Notification proposes Plot A (29.4 acres) as a "Public Park/Theme Park" with allowed uses such as Playground, Garden, Parks, Botanical Garden, Children Park with Walking Track, Wooded Areas, Water Body Art and culture related uses,Vipassana yoga meditation, Watchman cabin.
Gardener chowky, toilet block etc and other compatible users as decided by the Municipal Commissioner. This would fundamentally change the plot's character and allow unrestricted construction through the Commissioner's discretion to approve "other compatible uses", which is contrary to Section 91A(2)(b) of the MMC Act, making the current amenity "Recreation Ground EOS 2.6" sufficient to cover the proposed uses, rendering modification unnecessary.
