Legal triumph for Thana

After an arduous legal battle that lasted for over a decade, the Bombay High Court endorsed on April 16, 2008, the validity of the writ petition/public interest ligitation (PIL) filed by the Thana Parsee Zoroastrian Anjuman (TPZA) against the government of Maharashtra in 1998 to save the land of the Byramji Jeejeebhoy High School in Thana. Pervez Bhesania, vice president of theTPZA, filled Parsiana in with details of the matter.

The School was constructed in 1821 by Rustomji Ardeshir Wadia on land owned by him. In 1880 the School, the land and the building were conveyed and confirmed unto the then secretary state in counsel by the trust formed by Byramji Jeejeebhoy and the School was named the Byramjee Jeejeebhoy Thana High School. It was managed by the British government and post Independence by the Bombay state government. After the formation of Maharashtra, the government handed over the running of the institution to the Zilla Parishad.

A few years ago the Zilla Parishad demolished the structure on the grounds that it was in a dilapidated condition. However, instead of re-building the School, it chose to construct a commercial complex in its place.

The TPZA came into the picture when, in 1998, non-Zoroastrian ex-students of the School approached the Anjuman, expressing their unhappiness over the development.The writ petition was filed by Rustom Jeejeebhoy, a descendant of Byramjee, along with the TPZA through its then trustees: Rustom M. Cursetji, president, Bhesania, secretary, Phiroz B. Taraporewalla, vice president, Zersis Udhnawala, treasurer (who is the current president), Khorshed Bhesania, joint treasurer, Rusi Gandevia, Kersi Daruwalla, Bomi Boyce, Burjor Medhora and Dilara Mehta. Also party to the PIL were ex-students Sudhir Vaidya, Purshotam Vaidya and Waman Naik. A stay order was obtained and the matter assiduously followed up despite attempts by the Zilla Parishad to supress it.

The High Court Bench comprising Justice Billan Nazki and Justice Bhangale ruled in favor of the Anjuman and directed the state government to construct a school on the land, set it up and have it running within five years.The Bench took this view after hearing the arguments on both sides, informs Bhesania, who also expresses a sense of great personal satisfaction at the outcome on the part of all those involved in the protracted legal conflict. The role of senior counsel Kiran Bhagalia, who argued pro bono on behalf of the Anjuman, has also been appreciated. Bhesania wishes to share this good news in the wider forum of the community as many members are "deeply concerned on a day-to-day basis at the disappearance of our commu­nity’s assets.”