The Maharashtra State Human Rights Commission (MSHRC) has been restrained by the Bombay High Court from hearing a matter relating to the lease renewal of the 220-acre Mahalaxmi Racecourse in Worli.
A bench of Justices Gautam Patel and Neela Gokhale, while restraining SHRC, observed it was "prima facie unable to see" how the commission could have taken suo motu (on its own) cognisance of such an issue.
The HC passed the order while hearing a plea by the Principal Secretary of the Maharashtra government's Urban Development Department (UDD) against the order passed by the commission on February 17.
The HC stayed any further enquiry or hearing before the MSHRC till the final disposal of the state government's petition.
HC grants interim relief
"We are prima facie unable to see how such an action is maintainable before the State Human Rights Commission or how it could have been initiated suo motu. We, therefore, grant interim relief," said the bench.
In its order in February, the MSHRC imposed a cost of Rs 10,000 each on the state's Chief Secretary, the BMC commissioner, the UDD Principal Secretary and others for their failure to submit facts about the renewal of the lease of the Mahalaxmi Racecourse.
MSHRC initiated suo moto proceedings
It initiated suo motu proceedings on the issue of non-renewal of the lease of the Mumbai Racecourse land while taking note of a news paper report. The report stated that the government’s laxity allowed the racecourse management to use the 220-acre land for free since 2013.
The government owns the racecourse land and, on its behalf, the BMC collects rent and takes decisions on lease renewal. In May 1994, the BMC rented the racecourse to the Royal Western India Turf Club (RWITC) on a lease which expired in May 2013 but it was never renewed. In December 2022, the commission imposed a cost of Rs 10,000 each on all the respondents for seeking adjournment which was paid.
State govt appealed in HC was "entirely unclear" how the matter was in MSHRC's ambit
However, when a similar order was passed on February 17, 2023, the state government approached the high court. It contended it was "entirely unclear" how a contractual matter between the government or the BMC and the RWITC could lie within the MSHRC’s jurisdiction.
The HC has kept the matter for further hearing on March 15.
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