The matter came up before Justice Ranjana-Samant Desai today with the police counsel agreeing to leave 4.5 mt between the Catholic Gymkhana's boundary wall and the ongoing construction. The matter has been posted for June 8.

The construction, which commenced in December 1998, is being supervised by Minister for Cultural Affairs Pramod Navalkar. ``It will be used by both officers as well as constables. I have contributed Rs 10 lakh from my MLA's Fund. Soon I will give another Rs 10 lakh. The remaining money will come in some way or the other,'' says Navalkar, who inspected the work early this morning.

The Catholic Gymkhana is surrounded on the western flank with the Taraporewala Acquarium, on the eastern flank by the railway tracks and on the southern end by the Police Grounds. Besides, it hasan extremely narrow entrance which overlooks the seaface on Netaji Subhash Chandra Road, adjacent to the acquarium. The second entrance, now blocked, used to open on to the Police Grounds.

In his petition, Catholic Gymkhana President Norman D'Silva has stated that for years, the entrance which opened on to the Police Grounds was used by members and visitors. The Brihanmumbai Municipal Corporation (BMC) had certified the gate in its 1969 plan, he adds.

With a membership of over 2,000, about 800-1,000 persons participate in recreational activities daily and have been accessing the gymkhana from both gates. According to D'Silva, the place has become a potential death trap ever since work on the Police Gymkhana began, as fire tenders will not be able to gain access. The matter was sought to be resolved in a harmonious manner but as the efforts failed the gymkhana has opted for the legal route, he told Express Newsline.

Deputy Commissioner of Police, Sanjay Barve, on behalf of the police commissioner,has said in his affidavit before the court that the plan submitted before the court by the Catholic Gymkhana is incorrect. Also, he said, the BMC's Building Proposals Department had clarified to the police on May 15 that there was no gate in the compound wall between the Police Gymkhana and Catholic Gymkhana. Moreover, his affidavit adds, the City Collectorate's records and the C-Ward map confirms that the Catholic Gymkhana has no access to the Police Grounds.

Barve further said that the Catholic Gymkhana already has access from Netaji Subhash Chandra Road adjacent to the acquarium. Despite that, a distance of 4.5 mt will be left from the compound wall of the Catholic Gymkhana and the acquarium. ``Hence, the apprehension of the Catholic Gymkhana holds no grounds,'' his affidavit adds.

Committee members have also charged Navalkar with using his clout to get the Police Gymkhana constructed on a war-footing. Once the structure is built, it would be difficult to make modificatons, they explain. Navalkar,however, is adamant that the construction should continue. ``The authorities are misusing the ground for parking purposes mainly used for weddings and other parties. Now that we are constructing the gymkhana, they have come up with excuses in order to thwart our plans. I shall not even allow the police to park their cars inside the ground once it is ready,'' he says.