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The Brihanmumbai Municipal Corporation (BMC) has not received final possession of a 735.99-sq-m recreation ground and its access road adjoining Rustomjee Crown in Prabhadevi, despite records indicating that the civic body was given advance possession nearly 19 years ago. The access route has also become a point of contention, with civic officials saying it has been incorporated into the residential complex’s internal driveway. The developer, however, maintains that the ground has already been handed over and that the access route remains available to the public.
The Brihanmumbai Municipal Corporation (BMC) is yet to obtain final possession of a 735.99-square-metre recreation ground and its access road adjoining the Rustomjee Crown residential complex on Gokhale Road in Prabhadevi, Mumbai, bringing renewed attention to the status of public open spaces within large redevelopment projects.
Civic records indicate that the recreation ground, identified as the Shahid Colonel Santosh Mahadik Manoranjan Maidan, was placed under “advance possession” nearly 19 years ago. However, BMC officials said there is no record showing that the final handover of the ground and its access road was subsequently completed.
The access arrangement has become a particular point of contention. According to civic officials and activists, the route intended to provide independent public access to the recreation ground has been incorporated into the internal driveway of Rustomjee Crown. Activists have alleged that this arrangement restricts straightforward public access to the civic amenity.
BMC officials said the ground can currently be reached through a staircase from Saamna office road. However, the civic body has indicated that the dedicated access arrangement remains linked to the road network around the development and the conditions attached to the project's sanctioned plans.
The developer has disputed the allegations. Rustomjee Group said it had constructed the right of way in accordance with its registered undertaking and maintained that the route was available to both members of the public and residents of the complex. The company also said the recreation ground had already been formally handed over to the BMC and was being maintained by the civic body.
The issue has surfaced alongside BMC action against unauthorised alterations within Rustomjee Crown. The civic body recently began removing alterations in apartments after issuing notices and completing the statutory process. The action followed complaints alleging that portions of common areas had been enclosed and incorporated into individual residences.
According to the civic body, the complex comprises three basement levels, a ground floor and 63 upper floors, with residential apartments spread across three wings. Wings A and B have received occupation certificates, while BMC has issued notices to apartments over alleged violations of the sanctioned building plan and floor space index norms.
The recreation-ground dispute also comes amid broader scrutiny of how Mumbai's public open spaces are managed and transferred. Recent proceedings before the Bombay High Court involving other playgrounds have brought questions around civic possession, leases and changes in the use of reserved open spaces into focus.
Under the Development Control and Promotion Regulations, eligible developments can follow prescribed mechanisms for handing over recreation-ground land to the civic body, with different development benefits linked to the extent of land transferred. The rules also require the relevant ground to be handed over before commencement of the project.
The immediate issue at Rustomjee Crown is therefore not only the physical availability of the recreation ground but also whether the civic body's possession and public access arrangements have been formally completed in accordance with the sanctioned development framework.
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