G.R. Dt 14th March, 2024 – Department of Urban Development – Sub- Renewal of Lease of Mahalaxmi Racecourse
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Grant of Sanction for the Renewal of Lease of Plot at Mahalaxmi Racecourse leased out to M/s. Royal Western India Turf Club Limited, as well as for the Development of Central Public Park of International Standard on the remaining Plot
Government of Maharashtra
Department of Urban Development
Government Resolution No:- BMC-2524/Pra.Kra.81 (Part-2)/NaVi-21
Mantralaya, Mumbai-400 032
Dated 14th March, 2024
Reference:-
1] The Mumbai Municipal Corporation Act, 1888.
2] Government Resolution in the Department of Revenue and Forest, bearing No:- Jamin-2512/08/Pra.Kra.51/J-2, Dated 23.06.2017.
3] Government Resolution in the Department of Urban Development, bearing No:- BMC-2516/Pra.Kra.280/Navi-21, Dated 15.03.2017.
4] Letter from the Commissioner of the Municipal Corporation for Greater Mumbai, bearing No:-MGC/A/3229/, Dt.26.02.2024.
5] Government Resolution in the Department of Urban Development, bearing No:-BMC-2524/Pra.Kra.81 (Part-1)/NaVi-21, Dated 14.03.2024.
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Preface:-
The properties specified in Schedule “W” to the Mumbai Municipal Corporation Act, 1888 belong to the Government and these properties are vesting in the Municipal Corporation for Greater Mumbai. These properties are leased out by the Municipal Corporation for Greater Mumbai for varying durations. On the conclusion of lese tenure, ownership of these properties automatically reverts back to the Government. Hence, the Policy for the Renewal of these leasehold properties is required to be settled by the Government. Accordingly, with the sanction of Cabinet the Policy for the Renewal of Schedule “W” properties come to be settled under Government Resolution in the Department of Urban Development at Reference No. 3 above, Dt. 15.03.2017. This Policy, inter-alia, states that Renewal of Mahalaxmi Racecourse, various Gymkhanas and such similar plots shall be carried out with Government sanction and that orders for fixing Rates of Lease Amounts, their levy and computation during the course of such Renewal shall be separately issued.
02. Hence, the Commissioner for the Municipal Corporation for Greater Mumbai, vide his letter at Reference No.4, Dt. 26.02.2024 submitted to the Government a Proposal for the Renewal of lese of 91 Acre Plot out of total 211 Acre Plot being and situated at No. 1J, Mahalaxmi Racecourse in favour of M/s. Royal Western India Turf Club Ltd. Accordingly, the Government contemplated the matter of renewing the lease of plot at Mahalaxmi Racecourse leased out to M/s. Royal Western India Club Limited and accorded sanction for developing a Central Park of International Standard on the rest of the plot.
Government Resolution:-
Pursuant to the Proposal submitted by the Commissioner of Municipal Corporation for Greater Mumbai, vide his letter at Reference No.4, Dt. 26.02.2024 and in furtherance thereof the sanction accorded by the Cabinet in its Meeting Dt.11.03.2024, sanction is hereby accorded for the Renewal of lease of 91 Acre Plot out of total 211 Acre Plot being and situated at No.1 J, Mahalaxmi Racecourse in favour of M/s. Royal Western India Turf Club Ltd. Under the provisions of Section 91B(2) of the Mumbai Municipal Corporation Act, 1888, as well as the Government Resolution in the Department of Revenue and Forest, Dt. 23.06.2017 and the Government Resolution in the Department of Urban Development Dt. 15.03.2017, at Reference Nos. 2 and 3 respectively, subject to the conditions set out hereunder:-
Terms and Conditions: –
1. The Municipal Corporation for Greater Mumbai should recover from M/s. Royal Western India Turf Club Limited, the possession of 120 acre plot out of 211 acre plot, being and situate at No.1J, Mahalaxmi Racecourse.
2. Sanction is hereby accorded for developing a Central Public Park of International Standards on the aforesaid 12-acre plot at No. 1J, Mahalaxmi Racecourse, through the Municipal Corporation for Greater Mumbai, along the lines of Central Parks in New York, America, as well as London, England.
3. In furtherance of the above, the Municipal Corporation for Greater Mumbai should submit an elaborate Plan pertaining to the proposed Central Park for the sanction of the Government. Moreover, in this regard, the Municipal Corporation for Greater Mumbai should ensure that proposals for making modifications to the said Plan are duly submitted for the final sanction of the Government, from time to time.
4. All expenditure for the development of such Central Public Park of international standard and all other ancillary expenditure is to be borne by the Municipal Corporation for Greater Mumbai.
5. Sanction is hereby granted for the recovery by the Municipal Corporation for Greater Mumbai of the differential lease amount due under the Lease for the period from the date of determination of the Lease of Mahalaxmi Racecourse plot leased out to M/s. Royal Western India Turf Club Ltd. i.e. 1st June, 2013 till the date of actual recovery of possession of plot by the Municipal Corporation for Greater Mumbai at the rates prescribed as per the provisions of the Government Resolution in the Department of Revenue and Forest, Dt. 23rd June, 2017 and Government Resolution in the Department of Urban Development, Dated 14th March, 2024, at Reference Nos. 2 and 5 respectively, from M/s. Royal Western India Turf Club Limited.
6. Sanction is hereby granted for the Renewal of Lease pertaining to the total 211 acre plot at No. 1J, Mahalaxmi Racecourse leased out to M/s. Royal Western India Turf Club Limited from the date of determination of the Lease Agreement viz. 1st June, 2013 till the date of recovery of actual possession of the plot by the Municipal Corporation for Greater Mumbai.
7. Moreover, the entire land comprised in total 211 acre plot No. 1J, Mahalaxmi Racecourse is to be used by M/s. Royal Western India Turf Club till the date of Renewal of Lease. Hence, the amount of lease due under the lease for the entire 211 acre plot at 1J, Mahalaxmi Racecourse should be levied from the date of determination of the Lease Agreement i.e. 1st June, 2013 till the date of Renewal of Lease Agreement and the amount of difference should be recovered by the Municipal Corporation for Greater Mumbai from M/s. Royal Western India Turf Club Ltd, as stated above.
8. Sanction is hereby granted for the Renewal of Lease of 91 acre plot from total 211 acre land being and situated at 1J, Mahalaxmi Racecourse from the date of handing over possession of the said plot up to the maximum period of 30 years, next, in conformity with the provisions stipulated, from time to time.
9. Sanction is hereby granted for the prompt demarcation and ancillary valuation of 120 acre and91 acre plots from the total 211 acre plot situate at No. 1J, Mahalaxmi Racecourse, through the District Collector, Mumbai City. Furthermore, the Municipal Corporation for Greater Mumbai should take ancillary steps for the payment to the Government of the fees due under the prescribed Rules.
10. The Commissioner of the Municipal Corporation for Greater Mumbai shall be the Ex-Officio Member on the Managing Committee of M/s. Royal Western India Turf Club for the plot at No. 1J, Mahalaxmi Racecourse.
11. In the course of first Renewal of Lease Agreement/Execution of New Lease Agreement in favour of M/s. Royal Western India Turf Club Ltd. For the plot at No. 1J, Mahalaxmi Racecourse, Hon’ble Chief Minister, Maharashtra State shall have the powers to nominate 50 Life Members (free of cost) to M/s. Royal Western India Turf Club Ltd.
12. The Hon’ble Chief Minister, Maharashtra State shall have the powers to nominate 3 Life Members (free of cost), each year to M/s. Royal Western India Turf Club Ltd. In respect of plot No. 1J, Mahalaxmi Racecourse.
13. M/s. Royal Western India Turf Club Ltd. Shall be obliged to draw 5% Members of tis total Membership strength as “Service Members” from Class “A” Officers in the service of the Central Government/State Government/Municipal Corporation for Greater Mumbai with the approval of the Department of Urban Development (Desk UD-21/Municipal Corporation for Greater Mumbai), Mantralaya, Mumbai.
Membership of the concerned Officers shall subsist during the period when such Officers are deputed in Mumbai City on such establishment. Furthermore, Membership of such “Service Members” shall be free of cost.
14. The Principal Secretary (UD-1) and Principal Secretary (UD-2) in the Department of Urban Development, Mantralaya, Mumbai and the Commissioner of the Municipal Corporation for Greater Mumbai shall be the Life Members (free of cost) of M/s. Royal Western India Turf Club Ltd. The Principal Secretary (UD-2), Department of Urban Development, Mantralaya, Mumbai shall have the powers to nominate 1 Life Member (free of cost), each year to M/s. Royal Western India Turf Club Ltd.
15. For the effective coordination of the affairs of Mahalaxmi Racecourse, various Gymkhanas and such similar clubs, the Principal Secretary (UD-2), Department of Urban Development, Mantralaya, Mumbai and the Deputy Secretary (UD-21/Municipal Corporation for Greater MumbaiDesk), Department of Urban Development, Mantralaya, Mumbai shall be the Ex-Officio Members in M/s. Royal Western India Turf Club Ltd., various Gymkhanas and such similar clubs and the Competent Officers authorised by them, from time to time, shall be eligible to attend the Meetings of M/s. Royal Western India Turf Club Ltd, various Gymkhanas and such similar clubs.
16. In furtherance of the Lease Agreement executed with M/s. Royal Western India Turf Club Ltd. for the plot at No. 1J, Mahalaxmi Racecourse, the Municipal Corporation for Greater Mumbai, as well as M/s. Royal Western India Turf Club Ltd., should ensure, without fail, that all Terms and Conditions incorporated in the Lease Agreement executed between the Municipal Corporation for Greater Mumbai and M/s. Royal Western India Turf Club Ltd., are scrupulously and effectively implemented with promptness. Furthermore, in the event of any violation of the terms and conditions stipulated in this Government Resolution, as well as the stipulations contained in this Lease Agreement, necessary further action as warranted by the prescribed Policy/stipulations shall be initiated by the Government.
17. M/s. Royal Western India Turf Club Ltd. cannot directly sell or transfer to any person any structure standing on the land comprised in Plot No. 1J, Mahalaxmi Racecourse, which is leased out to them or any structure with sub-stratum land or any part of such land. The Municipal Corporation for Greater Mumbai should take due precaution in this regard, from time to time.
18. On the determination of the period of lease granted to M/s. Royal Western India Turf Club for the Plot No. 1J, Mahalaxmi Racecourse or its premature termination, M/s. Royal Western India Turf Club Ltd. cannot claim from the Municipal Corporation for Greater Mumbai or the State Government any compensation on account of the expenditure incurred by it on the construction of structures, things of permanent nature, connected works and for the development of land while handing over possession of the plot to the Municipal Corporation for Greater Mumbai.
19. M/s. Royal Western Turf Club Ltd. shall be entitled to remove all buildings, structures of permanent nature and connected works standing on Plot No. 1J, Mahalaxmi Racecourse before handing over possession of such leasehold plot to the Municipal Corporation for Greater Mumbai. However, the Municipal Corporation for Greater Mumbai shall be at liberty to purchase the structures of permanent nature, other works and connected works by paying the price of demolishing such structures and connected works. However, in the event of any dispute in this regard, action for fixing the cost of removal/demolition of such structures by carrying out a survey of such structures and other matters in conformity with the prevailing procedure and all further actions as may be warranted, shall be initiated by the Municipal Corporation for Greater Mumbai in conformity with the prescribed Rules.
20. The obligation and all ancillary responsibility for providing regular access and extending all necessary facilities/amenities to the Municipal Corporation for Greater Mumbai to enter Plot No. 1J, Mahalaxmi Racecourse leased out to M/s. Royal Western India Turf Club Ltd., for the cleaning or repairs or renovation of drains, sewage system and water mains passing through the areas of the leasehold plot shall rest upon M/s. Royal Western India Turf Club Ltd.
21. Save and except the days of horse racing, M/s. Royal Western India Turf Club Ltd. shall be obliged to keep open for the whole of remaining year, the areas not occupied by the land used for horse racing and horse training, the racing tracks, structures and enclosures on Plot No. 1J, Mahalaxmi Racecourse, for jogging, running and other purposes to the members of the public as specifically set out in the Lease Agreement executed with the Municipal Corporation for Greater Mumbai.
22. The responsibility of incurring expenditure for the Lease Agreement forPlot No. 1J, Mahalaxmi Racecourse to be executed by the Municipal Corporation for Greater Mumbai with M/s. Royal Western India Turf Club Ltd., as well as all other ancillary expenditure in that regard shall rest upon M/s. Royal Western India Turf Club Ltd.
23. M/s. Royal Western India Turf Club Ltd. and the Municipal Corporation for Greater Mumbai should ensure that the amount of survey fees for the demarcation of Plot No. 1J, Mahalaxmi Racecourse, is duly paid to the District Collector, Mumbai City, in conformity with the provisions of the Lease Agreement, as well as the prescribed Rules, in that regard.
24. Similarly, M/s. Royal Western India Turf Club Ltd. and the Municipal Corporation for Greater Mumbai should ensure that the amount of Stamp Duty under the Renewal of Lease of Plot No. 1J, Mahalaxmi Racecourse is paid in conformity with the provisions of the Lease Agreement and the prescribed Rules, in that regard.
25. The responsibility of promptly restarting jogging/running tracks at the end of each rainy season and maintaining such jogging/running tracks in good condition throughout the year, shall in public interest, rest upon M/s. Royal Western India Turf Club Ltd.
26. It would be mandatory to keep within the permissible limits fixed by the Prescribed Rules, the noise pollution resulting from various programmes organised by M/s. Royal Western India Turf Club Ltd., as well as such other programmes at Plot No. 1J, Mahalaxmi Racecourse.
27. In order to prevent the nuisance of dust resulting from horse racing organized by M/s. Royal Western India Turf Club Ltd. at Plot No. 1J, Mahalaxmi Racecourse and to keep the running tracks abutting the horse trotting tracks, secure from such nuisance, M/s. Royal Western India Turf Club Ltd. would be obliged to sprinkle water on the horse racing tracks, each morning and evening and as per necessity.
28. It would be mandatory and obligatory on the part of M/s. Royal Western India Turf Club Ltd. to donate to “Mayor Fund”, its earning accruing from one day of horse racing during the annual horse racing season organized by M/s. Royal Western India Turf Club Ltd. atPlot No. 1J, Mahalaxmi Racecourse, by way of assistance to the Municipal Corporation for Greater Mumbai for running a school for mute and deaf persons/physically handicapped persons, as well as for building a cancer hospital.
29. A review of the recovery of the revenue accruing from various programmes organized by M/s. Royal Western India Turf Club Ltd. atPlot No. 1J, Mahalaxmi Racecourse Ltd. leased out to M/s. Royal Western India Turf Club Ltd. , of various problems resulting from such plot, as well as other ancillary matters shall be conducted at the level of the Principal Secretary (UD-2), Department of Urban Development, Mantralaya, Mumbai at the interval of every three months and the Commissioner of the Municipal Corporation for Greater Mumbai or his duly authorised Competent Officer shall attend such review meetings.
30. It would be incumbent to observe meticulously all Terms and Conditions specified in Government Resolution in the Department of Urban Development, Dt. 14.03.2024 at Reference No.5 above.
31. This Government Resolution has been issued pursuant to the opinion given by the Department of Revenue and Forest, Department of Finance and Department of Law and Judiciary and in furtherance of the sanction granted by the Cabinet in its Meeting held on 11.03.2024.
03. This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Computer Code Number is 202403111504251525. This resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
GOVINDRAJ KORAMANNA HIRANYA GOWDA – Digital Signature
[Dr. K.H. Govindraj]
Principal Secretary (Department of Urban Development-2)
Copy:-
1] The Secretary the Hon’ble Governor, Raj Bhawan, Mumbai,
2] The Additional Chief Secretary and Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,
3] Hon’ble Chairperson, Legislative Council/Hon’ble Speaker, Legislative Assembly,
4] Hon’ble Leader of Opposition in the Legislative Council/Hon’ble Leader of Opposition in the Legislative Assembly,
5] All Hon’ble Members of the Legislative Assembly and Legislative Council,
6] The Joint Secretary to the Hon’ble Chief Secretary,
7] The Accountant General (Accounts & Entitlement/Audit), Maharashtra-1, Mumbai,
8] The Accountant General (Accounts/Entitlement/Audit), Maharashtra-2, Nagpur,
9] Hon’ble Advocate General, Bombay High Court, Mumbai,
10] All Additional Chief Secretaries/Principal Secretaries/Secretaries to the Government,
11] All Municipal Commissioners in the Mumbai Metropolitan Region,
12] The Commissioner, the Municipal Corporation for Greater Mumbai, Mumbai,
13] The Metropolitan Commissioner, Mumbai Metropolitan Region Development Authority, Bandra (East), Mumbai,
14] District Collectors, Mumbai City/Mumbai Suburban District,
15] All Joint Secretaries/Deputy Secretaries/Under Secretaries/Section Officers, Department of Urban Development, Mumbai,
16] Select File- (Desk-NaVi-2).
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[Text Translated by Adv. Prakash Manohar Chalke-
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