The Brihanmumbai Municipal Corporation (BMC) has recently granted prosecution sanction to the police to investigate an FIR concerning alleged encroachments by the Kamla Vihar Sports Club in Kandivali West. This controversial issue, which has been ongoing since 2023, revolves around the club’s unauthorized alterations and conversion of parts of the premises for commercial use. The club, situated on a BMC plot designated as a recreational ground, is under scrutiny due to concerns raised by activist Reji Abraham and the BMC’s subsequent actions.
Activist Reji Abraham first flagged the issue in 2023 after noticing structural modifications at the Kamla Vihar Sports Club, including the opening of a new restaurant on the premises. Abraham highlighted that the club has exceeded the permissible construction limit on the 2.5-acre plot and further expanded its commercial operations by adding a restaurant and making structural changes. This has led to citizens being deprived of access to public recreational spaces while the club continues to charge for various facilities like cricket turf, banquets, and restaurant services.
In response to complaints, the BMC issued notices under Sections 52, 53, and 54 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP), which address illegal alterations and changes in the use of premises. The notices revealed that the club had converted sections of the premises into commercial spaces like a card room, mini theatre, restaurant dining area, banquet hall, and bridal rooms without proper authorization.
Despite receiving repeated notices from the BMC to rectify the unauthorized modifications, the club failed to comply. In May 2024, the BMC issued a ‘speaking order’ instructing the club to regularize the alterations or restore the structure within seven days. When the club did not respond, a formal complaint was lodged with the Kandivali police from the R South ward. However, it took several months before an FIR was officially registered, with activist Reji Abraham criticizing the BMC for the delay in taking action.
Finally, on January 15, 2025, the FIR was registered, but significant action was not initiated until recently when the BMC provided prosecution sanction to the police. A BMC official from the R South ward confirmed the unauthorized alterations at the club but mentioned that there were no additional constructions that warranted demolition. The official clarified that the main structure itself was authorized since the land was leased to the club in 1999, despite the modifications made.
Moving forward, the responsibility to investigate and take further action now lies with the police following the prosecution sanction provided by the BMC. However, Borivali police inspector Ravi Adane did not respond to inquiries regarding the case. In the club’s defense, trustee and former MP Gopal Shetty maintained that the modifications made at the club were in compliance with the new Development Control and Promotion Regulations (DCPR).
Shetty explained that while changes had been implemented, they adhered to the latest DCPR rules, which permit additional Floor Space Index (FSI) in the basement for cultural activities. He also mentioned that the club had stopped serving alcohol after Abraham’s complaint and provided affordable access to sports facilities compared to elite clubs. Despite these claims, two club members named in the FIR were not available for comment, leaving the situation at the Kamla Vihar Sports Club unresolved and open to further investigation.
