Civic body to slap eviction notice on turf club

The Brihanmumbai Municipal Corporation (BMC) has decided to evict the Royal Western India Turf Club, which runs the Mahalaxmi race course, for “sub-letting” parts of the 211-acre plot.

The BMC’s estate department has prepared and forwarded to the legal department a notice directing the club to vacate the plot within 10 days of receiving it. Its legal department is likely to serve the eviction notice on the club in a few days, civic officials told DNA.

The permission to initiate the eviction process was given by former municipal commissioner Jairaj Phatak a few days before his term ended on October 22, the officials said.

The BMC has cited the rights granted by the club to the BJR Group, headed by Rahul Mallick, to run the Gallops restaurant and the members’ enclosure at the race course as the primary reason for cancelling the club’s lease, which officially ends in 2013.

The club appointed the BJR Group on April 4, 2008, permitting it to run the restaurant for 10 years.   

Terming the agreement (signed in July last year) between the two sides a sub-lease entered into without the civic body’s permission, the estate department issued a show-cause notice on the club on November 14 last year.

The club’s managing committee, however, claimed that the pact with the BJR Group was merely a “conduction” agreement to run the restaurant. It said that Gallops was being run like this for 22 years.

But the BMC maintained that the group had been given the rights to obtain permissions, repair and renovate Gallops, and pay lease rent for a portion of the race course.

“Third party rights have been created on the plot in violation of the lease conditions,” a senior official said.

According to civic officials, the turf club entered into a similar agreement for another restaurant and bar -- Olive Kitchen and Bar Private Limited -- at the race course.

It appeared that the dispute could be resolved in January after club chairman Cyrus Poonawala called on Phatak, the then municipal commissioner.

The club agreed to rectify all breaches unconditionally and the BMC gave it more time before passing the final order.

Two hearings were held in February, and the BMC demanded greater public use of the land and induction of civic officials on the club’s managing committee.

Though the club reportedly agreed to consider the conditions, it dithered on their implementation. In April this year, the BMC served another notice on the club, threatening to terminate its lease if it did not cancel the agreement with the BJR Group immediately and rectify the changes made on the race course.

“The club has since been given sufficient time but it has not responded. This has forced us to initiate the eviction process,” a senior BMC official said.