“Bardoli brouhaha”

With reference to the article "Bardoli brouhaha” (Parsiana, December 21, 2007), I would like to inform you about the events that took shape thereafter. The three opposing trustees, Viraf Bhikhaji Munshi, Viraf Pithawala and I, moved the court of the joint charity commissioner, Surat on January 25, 2008 challenging the actions of certain trustees for letting out the dakhma land to another trust for a purpose other than what had been stated in the application for registration of the trust, submitted to the office of the charity commissioner in 1952 and also permitting the said tenant to carry out construction activity there.

The application also asked for the reinstatement of us three opposing trustees who have been removed illegally on the pretext that a majority of members voted for our removal from the trust. We also prayed for interim relief of getting back possession of the dakhma land given out on rental to another trust.

After examining the issue and hearing both the parties concerned, the joint charity commissioner passed an interim order prohibiting any kind of construction activities on the dakhma land under dispute, pending finalization of the case.

Certain trustees of the Bardoli Jarthosti Anjuman moved the Gujarat High Court at Ahmedabad seeking vacating of the interim order of the charity commissioner vide application No. 7675 of 2008 dated May 16, 2008. However, this petition was subsequently withdrawn by the trust and was considered by the court as "rejected as withdrawn.”

Thereafter, Homi P. Pithawala, president of the Anjuman made another application (No. 36-26-2008) to the office of the joint charity commissioner, Surat, seeking ratification of their action of letting out the dakhma land on rental basis and to permit construction thereon. In his order No. 1813 dated August 31, 2008 the joint charity commissioner, Surat stated that the action of the trustees of the Bardoli Jarthosti Anjuman is considered as illegal as the trust had not taken prior approval from the competent authority under Section 36 of the Bombay Trust Act, 1950. In this order the joint charity commissioner has not only declared the rent/lease agreement as illegal but has also treated it as cancelled. As per the order, no construction activities of any kind may be conducted on the dakhma land of the trust.

These facts show that the trustees of the Bardoli Jarthosti Anjuman have violated the regulations of the Bombay Trust Act, 1950 and that despite a majority of members/trustees, the law of the land cannot be amended or twisted as per their sweet will. The issue of the illegal removal of us three trustees from the Bardoli Jarthosti Anjuman Trust is under consideration with the office of the joint charity commissioner.

JAMSHED J. MOHTA

Bardoli