Bombay High Court Keeps Petitions Pending Over Mahalaxmi Racecourse Lease Dispute.
25 January 2024
Property Law >> Personal Law | Lease >> Property & Real Estate
In a recent hearing before the Bombay High Court in the matter of Satyen Kapadia Vs. The State of Maharashtra and Others. And Zoru Bhathena Vs. The State of Maharashtra and Others. And Dinshaw Rusi Mehta and Ors. Vs. The State of Maharashtra and Other, three petitions were considered involving the Racecourse at Mahalaxmi, Mumbai, a vast tract of land largely owned by the State Government. The petitions challenged a communication from the Chief Minister, dated 6th December 2023, which proposed a special meeting of the Royal Western India Turf Club (RWITC) to discuss the renewal of a lease that expired in 2013. The proposed renewal covers a reduced area, with a mention of parts being developed into an "international theme park/public garden." The petitioners raised concerns that the land might be diverted for development, violating public interest and rights.
The Court noted that under Article 226 of the Constitution, it cannot mandate a particular decision from the executive. The petitioners' claims were deemed premature, as the proposals were not finalized and decisions from the RWITC or State Government were still pending. The Advocate General clarified that the communication was not a final decision but a proposal requiring further action. The Court accepted this submission and declined to issue further orders at this stage, allowing the process to proceed. The petitions were kept pending for administrative convenience, but no decision was made on their merits.