The long wait

The Joint Charity Commissioner (JtCC) has permitted allocation of 42 flats to applicants out of the 91 available for allotment. The order was passed on July 23, 2008 after the trustees of the Bombay Parsi Punchayet (BPP) and the Alert Zoroastrians Association (AZA) leadership agreed these families/individuals were "the most deserving.”

Allocation of flats to applicants number 43 to 56 decided before the JtCC injunction on October 22, 2007 are still to be agreed between the BPP and the AZA. "When there are objections I will keep (the matter) pending,” said the JtCC Nilkanth Deshmukh.

Applicants 57 to 81 are on the BPP waiting list "but (had) not appealed to the Charity Commissioner,” stated BPP counsel Agnel Carniero.

When asked if the 42 flats could be allocated before the Parsi New Year on August 19, 2008, Carniero said the due process of publishing advertisements, inviting objections to the allotment, registering the leave and license agreements, etc would take two months. As many of the applicants present in the court requested an earlier date, Deshmukh asked the BPP to try and hand over possession before the New Year.

Accordingly in the Jam-e-Jamshed Weekly of July 27, 2008 the names of the fortunate 42 allottees were published with a request that the "General public is… called to draw the attention of the trustees to any adverse factor against any of the proposed allotment on or before August 10, 2008.”

As the names of the 42 allottees were read out in the JtCC’s office, several of them were seen wiping tears from their eyes. Those whose names did not feature demanded to know on what grounds their names were omitted. Several of them thrust their application forms before the JtCC.

Applicant Yezdi Madon of Parel wanted to know where the 42 allottees "were on earlier (court and hearing) days.” Community activist and AZA member Phiroze Amroliwalla noted the allottees had been interviewed by the AZA at a hotel room "at our own expense… the same people were interviewed by the BPP.” There were a total of 15 to 16 sittings with the various applicants. "It is an incorrect statement saying the applicants were not heard… we have spent our valuable time. It is the trustees’ privilege to allot. We reported our findings to the trustees,” countered Amroliwalla.

"My application is more than 61 years old,” stated Gustad Sheriar Hormuzdi. "I have a house in Dahanu. Is that a reason to deny (me)” a flat in Bombay?

"Even my application does not find any place,” lamented Darius Bhathena from Udvada. "I’ll take the Flying Ranee (train) this evening” to return home.

A bearded young man who said he was recently married and was told he would be eligible for a flat, alleged "the BPP trustees twisted the facts saying I (already) have a flat. If they have any evidence (let them) show it to me.”

Pervez Italia of Bharucha Baug said she had been allotted a flat in 1978 with an understanding she would be given an additional room once her family "grew… I’ve been fighting since 1983,” she said. She claimed the additional room that was assigned to her family was given for the BPP custodian’s office. At one time six of her family resided in a "one room kitchen house.” Now the members had reduced to three. "Am I justified (in my request)?” she asked the JtCC.

Sarosh Gandhi, a retired employee of the Central Bank of India told the JtCC that his application for housing was rejected because his two sons were chartered accountants. He argued they were going abroad to study for MBAs and had taken loans for that purpose. How could he then afford to buy a house?...

The JtCC stated, "I’m not here to allot houses.” If an applicant was disgruntled he or she could "challenge the allocation in a civil court.”

When told that priority is given to engaged and newly married couples Deshmukh inquired, "Why not on seniority?”

Carniero replied that "seniority is (one of the) criteria in the merit rating system.”

"You must consider the situation at the time of the filing of the application,” said Deshmukh.

Carniero explained that the guidelines for allocation considered all aspects and then decided on the "most deserving case… We see each case factually, case by case.”

Of the 900 names on the BPP housing waiting list, 42 flats are being allotted. "We have not closed the doors to the remaining 850,” he pointed out.

"The old and infirm should not be left out,” noted Deshmukh.

"The irony is that those who came for help (to the JtCC) are kept aside,” interspersed Amroliwalla, "(one has to) help those before the court.”

The JtCC ordered that "reasons be given (by the BPP for acceptance, rejection or keeping on hold) all applications submitted” to the JtCC for housing.

"Should all (91) flats be allocated to applications before you (the JtCC)?” inquired AZA spokesperson Zeree Jehangirji. The BPP contends that others on the waiting list be considered, not only those who appealed to the court, he added.

Carniero alleged that some of the cases before the JtCC "were orchestrated applications.”

This brought a retort from the AZA lawyer Nilima Dutta requesting appropriate "language (be used) in court.”

"Justice is to be done to every applicant,” argued Carniero. "We shall certainly provide reasons for rejection” of applications. He noted there were 91 flats for allocation but that "development and construction work (for more housing) has stopped” due to the various stay orders obtained by those opposing the BPP plans.

Dutta: "Don’t bring new flats” into the picture. She asked a "fair assessment” be made in allocation so that the "poor and deserving get flats.” There should be no bifurcation in allotment between island city (south Bombay) flats and elsewhere, she noted. The JtCC court offered justice at the "grassroots level,” she observed, which "is very good.”

Applicant Firoze Balsara requested a list of all vacant flats in all baugs be submitted to the CC. Many vacant "flats are not in the possession of the BPP,” countered Carniero. "If we are in possession we will point it out.”

Amroliwalla: "Include all the baugs… let them (the BPP trustees) say on oath there are no vacant flats.”

Darius Bhoja appealed to the JtCC that his case be heard expeditiously as he was suffering from blood cancer. A resident of Bardoli he has to visit Bombay regularly for treatment. His grandfather’s flat had been surrendered to the BPP and was still vacant, he alleged. He requested the rent receipt be transferred to his name and possession given. The JtCC asked for his case to be examined on a priority basis.

After the hearing on the housing issue, Jehangirji requested the JtCC to expedite the hearing of their appeal regarding dismissal of the trustees. Accordingly, a date was given for July 31, 2008.

"If we had money…”

Prior to the hearing before the JtCC some of the applicants spoke of their woes. P. N. Sidhwa who lives in Vasai said she earned a living weaving kustis. She was keen to move to Bombay due to illness in the family.

Ruzbeh Satarawalla moved to Kalyan when her house collapsed. Water and electricity supplies are erratic. There is "an agiary but no dastur.” The surrounding environment is not healthy with cowsheds in the vicinity. "How can we stay there?… If we had money we would go… We are ready to pay a higher rent.” Shifting to Kalyan meant having to give up her job at President Hotel, she stated. Her husband suffered a heart attack and finds it difficult to commute to work in Prabhadevi where he works for Indian Oil. Her mother-in-law has been paralyzed for the last 14 to 15 years.

Vistasp Baria who shifted to rented premises in Dahanu after his house collapsed said the BPP was "not giving houses” to those residing in Dahanu. He said his application was pending for 30 years. "Now I’m a senior citizen,” said the former Central Bank of India employee.