Alleging violation of agreement, one of city's oldest cultural institutions tells builder it wants Su Casa off its premises; developer says, "I can do as I please in my leased portion"
After being inaugurated with much fanfare at the hands of the Prime Minister Narendra Modi in February 2016, the Bombay Art Society's conspicuous building in Bandra Reclamation has run into legal trouble. The society, one of the city's oldest and most prominent arts and culture institutions, is fighting it out with the developer, Drushti Group, the real estate firm founded by Ashok Jagdale, that constructed the building. The issue at hand is a popular restaurant called Su Casa that opened in the building's premises in December 2016. In February this year, the Bombay Art Society filed a petition against Drushti for leasing out space to Su Casa to operate in the premises. As per the agreement dated 2005 signed by these two parties, Drushti Group has claim over 50 per cent of the building, said advocate Sagar Pawar, lawyer for the developer. "The land has been leased [by MHADA] to both, the Bombay Art Society and Drushti Group for a period of 30 years," he told mid-day.
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The Bombay Art Society founded in 1888 moved into its new headquarters at Bandra Reclamation in 2016. Pic/Shadab Khan
Chandrajit Yadav, the secretary of the Bombay Art Society, recounted the cultural institution's history, saying that it had been operating out of Kala Ghoda's Jehangir Art Gallery since 1952. It was in 1988 that Sharad Pawar, then chief minister of Maharashtra, allocated a space for the society in Bandra on the occasion of its centenary year. However, due to lack of funds, construction work for an office and gallery space could not proceed. According to Yadav, MHADA put construction activity on hold until the society, a non-profit institution, found a way to generate funds. It was only in 2005, when an agreement was struck with Drushti that they could go ahead with construction. The society's registered office, however, continues to be Jehangir Art Gallery.
The building houses the Su Casa restaurant
As per the agreement, drawn in August 2005, Drushti would have claim over 50 per cent of the property, which currently is towards the rear of the building. The agreement states that the society will be "solely and exclusively entitled to have the rights for granting permission to displaying hoardings or putting any banners or advertisements." It further states that Drushti "will not do any business and/or provide any services viz. running art gallery, restaurant cum club (club includes activities pertaining to general club) art installation and auditorium from the said premises". The reason the agreement was drawn in this manner, says the society's lawyer Yogendra Pendse, is so that there wouldn't be a clash of interests. Following the agreement, Drushti had a stake over the property and was told that they could use it commercially. The society alleges that Drushti was allowed to use the space for banks and other office purpose, so long as it didn't have anything to do with art or hospitality. In December 2016, Su Casa opened in the ground floor of the portion allocated to Drushti. But, permissions wer-en't sought from the society.
Will see a gym open next month
The contention now seems to rest over the use of the word 'cum' in the agreement. Pawar points to the agreement and says, "We were told that we cannot build a restaurant-cum-gallery in the premises, such as Jehangir Art Gallery [which used to house Cafe Samovar]. However, we have only leased it out to a restaurant." The society approached the Bombay High Court in February. The court pushed the matter to arbitration between the two parties. A member of the society said, "We specifically mentioned that a restaurant, bar or permit room must not be built here since that would lead to noise." Pendse said, "With a restaurant like Su Casa that stays open till late, one can easily gather what kind of culture comes along with it. With two or three pegs, it [the customers] tarnishes the name of the society. This premises is meant for the arts and culture." "The constant chatter and noise from the restaurant are not conducive for viewing art and neither are the late nights by the restaurant and the customers who roam our premises," said a member.
The facade of the Bombay Art Society building at Bandra Reclamation near Rangsharda
The building has six floors, of which two floors and the ground floor are for the society, and the remaining has been allocated to Drushti. The society has till date held about 24 art-centric events at this venue. The Bombay Art Society also held its 125th Annual Art Exhibition in February. The structure has three galleries and an auditorium. Drushti Builders has also allowed three levels, including the terrace of the building, to be used for a gym called Reset. The gym is set to open in the first week of November and belongs to health coach Luke Coutinho and entrepreneur Karan Talreja. Half of this terrace belongs to the society, which currently is not being used. No objections to the gym have been raised by the society. Su Casa's owner, Suren Joshi, who also owns other popular Bandra restaurants – Pali Village Café and Pali Bhavan – says that the matter is between the developer and the society. He says that he has not faced any trouble from the society and also adds that he had allegedly approached its members earlier this year to see if discounts for meals for society staff could be something they could work out. Su Casa has an outdoor space as well as an indoor one, and sees substantial crowds over the weekends, including Bollywood celebrities.
Interiors of restaurant Su Casa, leased by Drushti Group
Pawar said that currently the matter is in arbitration, and they hope a settlement is reached. When contacted, Assistant Municipal Commissioner of H-west (Bandra west) ward, Sharad Ughade said, "I am not aware of the issue; I can comment only once I check." Art scholar and curator, Dr Saryu Doshi, a former vice-chairperson of the Society, was instrumental in procuring this Bandra space. Stating that she is no longer associated with the society, Doshi said, "I withdrew from the society as no progress was being made. It is very important that Mumbai's suburbs have an arts space. But the Bombay Art Society has not lived up to its expectations yet, and hopefully will do so in the near future."
Bombay Art Society secretary Chandrajit Yadav
Yadav says that it takes time for plans to take off, just like in the case of Jehangir Art Gallery, and believes that in the more arts-centric events will happen here soon. "There was a time when Jehangir Art Gallery used to host weddings. Now, look at it. It's booked for art shows for the next six years," he says. Despite several attempts to reach Subhash Lakhe, chief officer of MHADA's Mumbai board, he did not respond to text messages and calls.
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