Mumbai: Khar residents fear return of sleepless nights

Guests gather outside the restaurant creating a nuisance

The reopening of a restaurant, that earlier went by the name Wakai (as per BMC records) in the B wing of the Mangal Sandesh building on 17th Road, Khar, has alarmed residents, who fear it may soon be turned into a nightclub. Renovations are currently underway, which has left locals upset.

Residents of 20 surrounding buildings are worried that the reopening could worsen longstanding issues tied to the establishment, potentially becoming a bigger nuisance for the neighbourhood. They have launched a signature campaign and filed complaints with both the ward office and Municipal Commissioner Bhushan Gagrani.

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Additionally, they have reached out to their local MLA and await positive responses from the BMC and other authorities. Some residents have even alleged that the restaurant obtained its permits through forged documents.

Residents said the restaurant's garbage adds to the menace

Attempts to contact the property owner, Manish Jain, through calls and messages, were unsuccessful. The property is under the insolvency department and liquidator and has been rented out to Wakai Hospitality Private Limited. mid-day also tried to reach out to Wakai Hospitality Pvt Ltd and those involved in the renovations, but no one responded to calls, messages, emails and messages on Instagram.

"When the restaurant opened in May 2023, the music at Wakai was so loud it shook the whole building, and despite our repeated complaints, nothing changed. Eight months later, in March this year, the restaurant shut down and we finally had peaceful nights. Now, we fear its return in a new avatar. Don't we have the right to peaceful sleep?" said Haresh Lalwani, a first-floor resident of Mangal Sandesh. Article 21 of the Constitution states that citizens have a fundamental right to a peaceful, dignified life without any encroachment on their privacy, and to live life without public nuisance surrounding them.

Residents claim the restaurant was illegally approved, having been converted from a studio to a restaurant. They allege the B wing owner provided a self-signed NOC by the restaurant owner himself without any authority and the knowledge and consent of the Mangal Sandesh building (Puja House Apartment Condominium members), without any authority. Moreover, the restaurant has reportedly extended its premises by enclosing the front open space of the building.

Another resident, Utkarsh Raipat, added, "The restaurant also misused a flat in the residential ‘A' wing for staff, security, and valet quarters, causing major security and inconvenience issues. The restaurant enclosed the front space and installed air conditioning, clearly intending to permanently misuse the area."

The residents of Mangal Sandesh and 20 other buildings on 17th Road have sent a complaint to the Khar Residents Association (KRA). Ashok Mansukhani, from the adjacent Palazzo Residency, said, "People would drink and fight, and back then, the gate was on the other side. Now, it's near our building. This road is too narrow for restaurants, and there's no parking space. It's also a fire hazard with no proper
escape routes."

Anandini Thakoor, trustee of KRA, said, "Wakai opened last year in the rented ‘B' wing of Mangal Sandesh without the consent of the building's residents but soon shut down. The ground-plus-one-storey ‘B' wing is attached to the stilt-plus-10-storey ‘A' wing by a common wall, creating noise, privacy, and safety concerns for the residents. Now, they may change the name of the restaurant but the nuisance will be the same or more."

She noted that a letter opposing the nightclub in a residential area was given to Gagrani during his visit to Khar Gymkhana on September 16. Gagrani confirmed he had instructed BMC officials to investigate and take necessary measures to maintain local harmony.

"We have received complaints about the restaurant on 17th Road, with residents citing noise, crowds, and parking issues. We'll conduct an inquiry and take appropriate action," said Vinayak Vispute, assistant commissioner of the H West ward. A BMC source stated that no specific policy restricts restaurants or bars in residential areas, but they can take action if residents claim nuisance.