- The park is built and maintained by private builders for profit.
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- The citizens have built and developed this world class park.
The Malabar Hill Citizens’ Forum (MHCF) developed PDP and has been maintaining it since 1985. MHCF was granted all permissions for the Sports Complex in 1991 by the BMC, State Govt. and Central Govt. this park was the first to install the e1st Olympic standard Synthetic Athletic Track (8 Lane) in Western India.
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- The park is deep in debt.
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- The entire park is self-governed and self-funded. Since 1991, Malabar Hill Citizens’ Forum has invested over 30 crores in the development of PDP and sports complex. This was possible only because of the generous contributions by the Central Government, State Government, MP Funds, MLA Funds and various corporates. In fact, there are no dues pending to the BMC or any other agency.
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- The park owes up to 2.50 crores in taxes.
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- Illegal demand by the MCGM for property tax.
PDP has been developed on reclaimed land that belongs to the Government of Maharashtra. Malabar Hill Citizens’ Forum is not a tenant of the land and hence as per the provisions of M.C.G.M., no property tax can be levied. This land is not featured in the property register of the estate department of M.C.G.M. which clearly proves it does not belong to them. Hence the property tax demand of 2.50 crores is illegal. MHCF is not asking for an exemption but the demand is ultra-vires (beyond their legal power). There is no commercial activity carried out at PDP. PDP remains a garden and a sports complex that is open to the general public. There are a wide range of leisure, sports and cultural activities that are carried out here.
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- The park has been built illegally.
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- Illegal demand by the MCGM for property tax.
PDP has been developed on reclaimed land that belongs to the Government of Maharashtra. Malabar Hill Citizens’ Forum is not a tenant of the land and hence as per the provisions of M.C.G.M., no property tax can be levied. This land is not featured in the property register of the estate department of M.C.G.M. which clearly proves it does not belong to them. Hence the property tax demand of 2.50 crores is illegal. MHCF is not asking for an exemption but the demand is ultra-vires (beyond their legal power). There is no commercial activity carried out at PDP. PDP remains a garden and a sports complex that is open to the general public. There are a wide range of leisure, sports and cultural activities that are carried out here.
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- The park is interfering with important public facility projects.
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- Unplanned, unstructured municipal interference resulting in loss of precious open space.
A fire station needs to be set up at Malabar Hill. While PDP supports this, the fire station cannot come up within PDP as it will mean destroying an open space. There are two alternate sites suggested for setting up the fire station – on a plot of land in possession of MSRDC adjacent to PDP or on a plot of land next to Kamala Nehru Park. Due to the hilly terrain of Malabar Hill, a fire station next to Kamala Nehru Park would be ideal – it would be easier for fire engines to go downhill in case of a fire emergency.
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- PDP’s land is being sold off for commercial use.
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- MCGM /BMC have a track record of infringing on open spaces which are already depleting and diminishing due to the real estate/politician nexus.
BMC issued a circular dated 2nd November 2015, Ref. No. BDD/204 signed by the Municipal Commissioner which mentions that BMC actually wants to use open spaces, gardens, parks, sports complexes in greater Mumbai for commercial purposes. They are clearly charging exorbitant rates for commercial exploitation.
The first paragraph of the circular blatantly proves the above:
“Over the years, Event Management and entertainment industry has been growing contributor to the economy of the country. The industry is today the direct employer of at least a million professionals and indirect employer to approximately million professional and workers. The size of the organised LIVE event industry is estimated to be around Rs.4,485 crores (Source: Ernst and young report, April 8, 2015). The LIVE event industry has also contributed to the growth and penetration of other Media Industries as well and also is one of the main contributors to related industries such as hotels, travel and tourism.”
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- The sports infrastructure at the park is not well maintained. esse cillum dolore eu fugiat nulla pariatur.
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- Damage to valuable sports infrastructure by BMC renting out to big commercial events like concerts and fashion shows.
Some of the commercial purposes that the BMC wants to exploit the open spaces for include events like: Trade fares & exhibitions, religious events, music concerts, corporate events & conventions, award shows, social events, road shows, sporting events, government events, product launches, marathons, fund-raising events for NGOs, fashion shows and other entertainment events. This will disrupt the lives of the citizens and block them from using the park in its entirety or in parts thereby causing great inconvenience to the thousands of people who consider the park as a part of their daily routine. Not to mention, damage to the facilities and the subsequent disruption of the training of youth and children who practice a variety of sports including track and field, football, martial arts, tennis etc.
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- Unnecessary charges for a park that’s supposed to be free.
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- Dubious intentions of the MCGM/ BMC
Charging schools, colleges for using the park:
BMC has mollified intention by demanding exorbitant amounts from schools, colleges and social organisations who hold their sports functions at PDP.
Unplanned & preposterous development:
M.C.G.M. has come up with another preposterous proposal of a swimming pool in the middle of the park which is used for walking and as a playing area. To our utter shock, the BMC’s garden department has already invited bids for the construction of a swimming pool in the city with related infrastructure, an administrative building, an indoor and outdoor gym, horticulture
and other works amounting to 8.53 crores.
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