BMC gives permission to cops to probe alleged encroachment in Kamla Vihar Sports Club

The controversy was first flagged by activist Reji Abraham in 2023, when he observed structural modifications, including the opening of a new restaurant on the premises

Mumbai: The Brihanmumbai Municipal Corporation (BMC) has granted prosecution sanction to the police to proceed with an investigation into an FIR concerning alleged encroachments by the Kamla Vihar Sports Club in Kandivali West. The club, whose trustee is former Member of Parliament Gopal Shetty, is situated on a BMC plot designated as a recreational ground. The FIR, registered on January 15 following a complaint from a BMC officer in the R South ward, alleges that the club has made multiple unauthorised alterations and converted parts of the premises for commercial use.

Mumbai, India - Feb. 15, 2025: A view of the Annapurna restorant at Kamala Village sports club, Kandivali in Mumbai, India, on Saturday, February 15, 2025. (Photo by Satish Bate/ Hindustan Times) (Hindustan Times)

The controversy was first flagged by activist Reji Abraham in 2023, when he observed structural modifications, including the opening of a new restaurant on the premises.

“The club has occupied this 2.5-acre plot since 1999, where only 15% construction is permissible. It had already exceeded this limit and, in 2023, further expanded commercial operations by opening a restaurant and making structural changes. As a result, citizens are deprived of access to public recreational spaces while the club continues to charge for lifetime memberships, the use of the cricket turf, banquets, and restaurant facilities,” said Abraham.

Acting on these complaints, the BMC issued notices under Sections 52, 53, and 54 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP), which pertain to illegal alterations and change in use of premises. According to the BMC’s notices, the club has converted sections of the premises into a card room, mini theatre, restaurant dining area, banquet hall, and bridal rooms, among other commercial spaces.

BMC’s inaction and delayed FIR

Despite repeated notices, the club failed to revert the unauthorised modifications to the original plan. In May 2024, the BMC issued a ‘speaking order’, directing the club to either regularise the alterations or restore the structure within seven days. The club did not respond, prompting a formal complaint from the R South ward to the Kandivali police.

However, it took several months before an FIR was registered. Abraham accused the BMC of delaying action, stating, “The first complaints were made in 2023. Even after the club’s failed attempt to regularise the changes, no steps were taken. It was only after I escalated the matter to the Deputy Commissioner of Police (DCP) in December that an order was issued for an FIR to be filed within seven days.”

Following this directive, the FIR was finally registered on January 15, 2025. However, no significant action was taken until last week, when the BMC finally provided prosecution sanction to the police.

A BMC official from the R South ward confirmed the unauthorised alterations but stated that there were no additional constructions that warranted demolition. “The club has modified its premises by breaking walls and converting the basement, originally approved for parking and storage, into a banquet hall. However, the main structure itself is authorised since the land was leased to the club in 1999,” the official said.

With the prosecution sanction now in place, the responsibility to investigate and take further action lies with the police, says a BMC official. Borivali police inspector Ravi Adane did not respond to repeated attempts for answers.

Club’s defence

Gopal Shetty, trustee and former MP, defended the club, asserting that the modifications were in accordance with new Development Control and Promotion Regulations (DCPR).

“Yes, changes have been made, but they comply with the latest DCPR rules, which permit additional Floor Space Index (FSI) in the basement which is being used for cultural activities. No unauthorised constructions have taken place. In fact, while several other clubs on BMC land have bars, we stopped serving alcohol after Abraham’s complaint. We provide affordable access to sports facilities, unlike elite clubs. We are only requesting an FSI of 0.3,” Shetty claimed.

Two club members named in the FIR were unavailable for comment.