Open spaces policy tweaked to help Pawar-controlled MCA

The fight for open spaces in the city is about to reignite. The state government has just modified the terms of the blanket stay it imposed nearly three years ago on the controversial “caretaker” policy. Under the policy, open space plots allotted to private parties could be constructed upon for building club houses, gymkhanas, restaurants and bars.

A recent directive from the urban development department says that the stay is not applicable to plots allotted before the ban was imposed on December 1, 2007. One of the immediate beneficiaries will be the Sharad Pawar-led Mumbai Cricket Association (MCA). Insiders are wondering if the decision to exempt pre-December, 2007, caretaker spaces from the ban had anything to do with Pawar’s interest in the MCA.

The MCA is keen to construct a club house on a portion of the 42,000 sq m public recreation ground at Mahavir Nagar in Kandivli. The ground was first allotted to it in 2003 by the BMC.

The plot was initially given on an “adoption” basis — which does not permit any construction activity beyond a watchman’s chowky — for a period of five years. To permit construction on a portion of the land, the lease was converted into a “caretaker” one on February 9, 2005.

Under the caretaker category, 25% of the land can be used for building club houses, gymkhanas etc (See box).    

Officials said that the caretaker agreement between the two parties - MCA and BMC- could not be inked due to certain disagreements. A senior urban development department (UDD) official said that before the differences could be resolved, the state was forced to impose a stay on the “caretaker” policy under public pressure.

Interestingly, while the stay came in force on December 1, 2007, the BMC allowed the MCA to undertake construction on the plot.

Requesting anonymity, a senior civic official said that the “construction was permitted despite there being no caretaker agreement.”

Jairaj Phatak, the then municipal commissioner, only halted the construction activity on December 29 last year, following objections raised by Sena leaders in the BMC. “No construction (should) be carried out owing to the stay on the caretaker policy,” the stop-work notice said.

Soon after, the MCA bigwigs approached the state government, which agreed to make an exception. The UDD then issued a communication to the BMC stating that “the stay was not applicable to plots which were allotted prior to December 1, 2007.” It directed the corporation to withdraw the stop-work notice and issue permissions to the MCA for carrying out construction work.

Following the directive, the BMC is again preparing the grounds to enter into a “caretaker” agreement with the MCA for the Kandivli plot. Ironically, the same UDD communication also mentions that the “policy guidelines for allotment of plots on caretaker basis” are being stayed till further notice.

“The MCA will be asked to agree to a condition that the agreement was being signed subject to the lifting of the stay and the finalisation of policy guidelines for allotment on a caretaker basis.” For now, the construction activity has restarted at the plot. Sources said that the state’s move was likely to affect other similarly allotted plots too.

Lalchand Rajput, joint secretary, MCA, confirmed that efforts were being made to sign an agreement with the BMC. He said that the facility was being developed to promote cricket and it was in the interest of the general public. “We plan to set up two pitches where matches will be played. Rooms for those playing these matches need to be set up. Chandrakant Naik, CEO, MCA, added that the plan was to have a clubhouse and other recreational activities at the site. Both Naik and Rajput refused to comment on the state’s move to lift the stay on caretaker policy.