Merwan Baug imbroglio

Yet another controversy has arisen over the sale of a Parsi trust property.

The Merwan Baug Holiday Home situated on the Udvada beach is in the process of being sold to a non-Parsi developer for a reported sum of Rs 65,00,000. The property had been lying in a dilapidated state and the trustees’ attempt to find a buyer had met with little success over the years, a source close to the trustees stated.

Local Parsi residents and others opposing the sale were said to have held a meeting at the office of the trust solicitor Sam Jijina of Mulla and Mulla and Craigie Blunt and Caroe on January 17, 2007. According to building renovation specialist and community activist Viraf Chiniwala, the trustees said: "Give us Rs 70,00,000 and we will return Rs 65,00,000 to the purchaser.”

Those opposing the sale besides Chiniwala are Minoo Siodia, Adi Doctor, Dastur Khurshed Dastoor, High Priest of Udvada, and others. They believe it would be "a sad thing” if the property went out of the community’s hands. The trustees should maintain the property or hand it over to the Udvada Anjuman to manage or make Khurshed Dastoor a trustee, they opine.

The trustees Mehroo Dubash, Keti Mehta, Maharukh Noble, Hutokshi Kotwal, Zenobia Adajania, Kamal Pundole and Dolat Kotwal refused to comment on the issue and referred Parsiana to their lawyers. But Jijina stated that as a matter of policy he did not speak to the Press.

In a caveat filed before the charity commissioner in December 2006 Dastoor and Gustad S. Irani have stated: "The applicants understand that the trustees have entered into an agreement for sale of the property owned by the Trust, which as per the trust deed is to be used as a Holiday Home for change of air and rest for poor Parsi school children, poor Parsi working women of industrial institutes, poor Parsi teachers and poor Parsi nurses.

Merwan Baug Holiday Home, Udvada: lost to the community?

"If any application u/s 36(1)(a) of the B. P. T. (Bombay Public Trust) Act 1950 is received from the trustees, the same should not be entertained, and disposed of without giving an opportunity to the applicants of being heard in the matter.”

In a letter addressed to Parsiana Chiniwala stated that "the trustees have until now not even applied for the permission (from the charity commissioner), but handed over the entire possession to the intended purchasers… "The trustees have never ever made any appeal to the Parsi community for any help or donation for the upkeep of the property and have totally neglected the property making a clear breach of their obligation as trustees as per clause 5 of the trust deed.” The trustees on their part claim that until the time they found a buyer, nobody came forward with any offers.

In an e-mail to Parsiana columnist and social activist Noshir Dadrawala stated: "The built-up area of this property is estimated to be around 1,500 square feet. It is situated on the sea front less than five meters away from the high tide line.

"In front of this property is a natural watercourse which has been formed over the ages. During high tide, the sea water hits the sand barrier and the force of the water is partly absorbed by this watercourse, preventing further damage to other properties on the sea front.

"Reportedly, over the last two months, more than a hundred truckloads of murram (filler material) has been brought and dumped every day to fill up the watercourse (and in a sense to fill up the sea), posing enormous danger to the ecology of Udvada village. During the monsoons, the enormous force of the water during high tide coupled with rainwater is likely to flood the entire village and the huts and houses near the sea are also likely to be washed out.

"The person who is believed to be the potential purchaser of this property is carrying out construction activities in total violation of all environmental laws and notifications issued under Coastal Regulation Zone (CRZ).”

Dadrawala urged prominent Parsis to write to the Valsad district officials "to stop the illegal construction activities.”