Mahalaxmi Racecourse Land Row: 'Can’t Direct State To Decide In A Particular Manner,' Observes Bombay HC

Mumbai: The Bombay High Court on Thursday refused to restrain the Maharashtra government from taking any decision regarding the Mahalaxmi racecourse land, which is operated by the Royal Western India Turf Club (RWITC), even as Advocate General Birendra Saraf reiterated that they have not taken any final decision on the on proposed construction of a theme park there.

The court also said it was not staying the extraordinary general meeting (EGM) of the RWITC on January 30 and e-voting of its members, which starts on January 27, to decide on “a proposal”.

The bench emphasised that it cannot direct the “executive to take a decision in a particular manner”. “Correspondingly we cannot direct the executive not to decide in a particular manner,” it added.

“We don’t know how the voting will go. Members may have their own views. We are not staying the RWITC meeting nor e-voting. We are also not restraining the state government from taking any decision, in such a manner as it deems fit,” a division bench of Justices Gautam Patel and Kamal Khata said.

HC was hearing 3 petitions

The HC was hearing three petitions challenging the decision of the government and the BMC to develop a theme park at the racecourse which is in the heart of the city.

However, the court has kept the petitions pending, clarifying that it is “quite literally for administrative convenience and nothing further”.

On Wednesday, the petitions were referred to the Chief Justice DK Upadhyaya to take an administrative decision on which bench should hear the pleas as prayer sought were in the nature of a public interest litigation petitions, although filed as a writ petition by individuals. Late evening, the Chief Justice had assigned the matter to Justice Patel’s bench.

Court has not given next date for hearing yet

The judges emphasised that the final decision of the government is not subject to final outcome of the petitions, merely because the pleas are kept pending. Also, no time frame has been given to the state government to take its decision on the proposed theme park. Hence, the court has not given any next date of hearing, except for an update.

Senior counsels Ravi Kadam, Navroz Seervai and Janaj Dwarkadas, for the petitioners, argued that the government proposes to build an international theme park, which is being interpreted as an amusement park. Apprehending construction of structures for the amusement park and clubhouse, the petitions were filed.

The court said that the citizens must trust the government otherwise there will be chaos. “We are not saying that there is a failure of governance. There is a perception that there is a failure. You (citizens) must trust the governance process. We ought to have some level of confidence in government. Otherwise there will be chaos,” Justice Patel said.