MFA has no vested right over Neville D’Souza ground: Mhada to HC

Mhada said that the MFA was only granted temporary and conditional permission to use the ground, which had expired in September 2024. Consequently, its plea challenging the proposed change in the reservation of the 8,450-square-metre plot was “misconceived, premature and not maintainable”

MUMBAI: The Maharashtra Housing and Area Development Authority (Mhada) on Friday told the Bombay High Court that the Mumbai Football Association (MFA) has “no vested, proprietary, leasehold, statutory or indefeasible right” over the Neville D’Souza football ground at Bandra Reclamation.

The Neville D’Souza football ground at Bandra Reclamation was reserved for a convention and trade fair centre in 1983. Around 15 years ago, it was leased out “temporarily” to the MFA. (Hindustan Times)

In an affidavit filed before the court, Mhada said that the MFA was only granted temporary and conditional permission to use the ground, which had expired in September 2024. Consequently, its plea challenging the proposed change in the reservation of the 8,450-square-metre plot was “misconceived, premature and not maintainable”, as it had sought to challenge an internal administrative correspondence and preliminary consideration of a planning proposal at a stage when no final modification to the Development Plan (DP) had been sanctioned by the state government.

The Brihanmumbai Municipal Corporation (BMC) had told the court earlier that it has neither finally deleted the playground designation and reservation on the plot nor sanctioned the conversion into a convention or exhibition centre.

As reported by HT earlier, the 8,450-square-metre plot owned by Mhada was reserved for a convention and trade fair centre in 1983. Around 15 years ago, it was leased out “temporarily” to the MFA; the BMC subsequently marked it as a recreation ground in the DP 2034 since a football ground was already in existence.

On August 10, during the hearing of the plea, the BMC sought time to file its affidavit and orally assured the court that status quo would be maintained. But on August 18, the BMC’s general body moved ahead with the proposal in breach of its earlier assurance, the MFA informed the court and sought an urgent hearing.

According to Mhada, the permission granted to MFA for using the land was limited in tenure and subject to express terms and conditions and the MFA was not entitled to continue using the ground “merely because it had earlier been granted temporary permissions”. The last permission, according to the affidavit, was valid from September 22, 2019 till September 21, 2024.

“The suitability, necessity and planning desirability of any such reservation are matters for the competent planning authority and state government to consider in accordance with law,” the housing authority said.

Mhada also clarified that its November 2025 letter seeking restoration of the original reservation was not a final statutory decision but only a request. If any statutory procedure under the Maharashtra Regional and Town Planning Act, 1966 is initiated, the same would be governed by provisions of the Act, it noted.

Mhada also said that the 1983 layout and documents form part of the relevant planning of the plot and it was justified in bringing the same to the notice of the BMC.