Cover Story
To have and have not
The crusade taken up by the Alert Zoroastrians Association to correct alleged irregularities in the allocation of flats has earned them bouquets and brickbats
The buildings stand tall and empty. For several years the newly constructed but never occupied flats serve testimony to the legal and emotional wrangling between the trustees of the Bombay Parsi Punchayet (BPP), the allottees, the interveners and the office of the Joint Charity Commissioner (JtCC).
Seldom before have so many well intentioned individuals defeated the larger charitable objectives of the community’s premier trust.
On February 10, 2009, the frustration spilled out in the general public with a press conference convened by the Alert Zoroastrians Association (AZA) to air their grievances against the trustees of the BPP.
Bolstered by the JtCC N. V. Deshmukh’s order to allot 104 flats as per the directions of the earlier BPP board by March 2, 2009 an AZA press release informed the general media: "Members of the community have been waiting for a home for decades, some for two, even three generations. And yet, an artificial shortage keeps these unfortunate few living in dilapidated buildings, sanatoriums, dharamshalas, and congested apartments in large joint families or in some cases even sleeping on benches in the agiaries (fire temples) where they work for measly salaries.”
(From left) Percy Patel, Zeree Jehan-girji and Kersi Randeria: "We are not spoiling for a fight” Photo: Cyrus Dastur
The BPP is in an "agitation mode,” proclaimed AZA founder leader Kersi Randeria addressing the Press corps. Alleging the community faced "a very, very severe housing crisis,” Randeria stated the BPP trustees have good intentions… but a warped policy.” AZA founder member Percy Patel contended there were "some irregularities in the functioning of the apex body.”
Zeree Jehangirji, another AZA founder member claimed the newly elected board of trustees believe because they "won an election therefore ‘whatever we do is right.’… the housing stock is there (but) who is it being allotted to?”
He alleged the dispute had become "an ego issue… very, very personal.” He contended the JtCC "facilitated the process (of allotment) not directed (it). A legal decision (to allot the 104 flats) was taken by the previous board. (Negating the decision of the JtCC) is nothing but defiance... hopefully they will abide by the decree of the Charity Commissioner (dated January 23, 2009)… it’s a matter of time and some prayers.” The BPP, however, is expected to challenge the JtCC’s order in the Bombay High Court.
The AZA trooped some of the 104 applicants before the assembled journalists packed in the Press Club of Bombay premise’s hall. Percy Sidhwa, who after retiring from Godrej lives with his wife in Vasai in a flat allotted by the Vasai Parsi Panchayat, said he had to commute to Bombay for work. His wife Kety, who has a frozen shoulder, weaves kustis to augment the family income. They applied to the BPP for a house in 1985.
An emotional Hutoxi Fitter stated her application in the name of her husband Firoze was pending from 1960. She was particularly peeved about her name appearing in the World Alliance of Parsi Irani Zarthoshtis (WAPIZ) Page in the Free Press Journal of February 6, 2009 amongst "some sample cases which the new BPP trustees are being directed to allot” flats to but did not intend to.
"Although the applicant himself is deserving, the applicant’s son who resides with him earns Rs 75,000 p.m. which is beyond the limit for allotting a charity flat,” stated WAPIZ. "Still the trustees took a sympathetic view and adviced him to remove the names of his son and his family (which he did). He was then allotted a 1R+K (room + kitchen) flat. However, the applicant insists on being allotted a 2R+K flat, which cannot be done as they are only two persons in the family as per his new application. Moreover, there are 65 more deserving applicants ahead of him as per the Merit Rating Scheme.”
Hutoxi claims the family "agreed to one room. (The WAPIZ report) is all false.” When she confronted BPP chairman Dinshaw Mehta with the allegation he reportedly responded that BPP trustee and WAPIZ founder trustee "Khojeste Mistree is responsible (for the report). Ask them (WAPIZ).”
"My husband is a full-time priest,” she emphasized. "Our community name is getting spoilt. WAPIZ must give an apology. We are decent people. We are higher than behdins, we are the saviors of the religion.” Hutoxi said she was staying in a relative’s home presently. "We are homeless.” Six to seven people reside in a one room kitchen flat, she added.
Vistasp Baria said his house collapsed in 1981. He was accommodated in a sanatorium. He made an application to the BPP but was told his form would only be considered after "a cooling period” of five years. He shifted to Dahanu.
Cyrus Rupa and a visually impaired Jehangir Irani spoke of the hardship they faced. Dara Keravala, a watchman at Sodawaterwalla Agiary, said he moved from house to house.
Randeria said a signature campaign was in progress in regard to the BPP allotment policy and AZA was hopeful of collecting around 5,000 signatures.
He questioned why the BPP trustees had decided to reverse only the decision of the 104 allotments made by the previous board and not any other board decision.
A member of the Press corps inquired, "Why give crutches? There are poor in all communities… After partition Sindhis came empty handed from Pakistan. The Sikhs also rose from poverty.”
Randeria responded, "It’s not a question of a crutch. We have to look after poor persons. The BPP is a trust. It has to look after the poor. Every Zoroastrian is not an entrepreneur… not rich. It is a myth that there are no poor Parsis.” He noted the policy of providing housing dates back to 60 to 70 years (the first baug was built a 100 years ago — editors).
Another journalist asked Randeria what the AZA hoped to achieve from its efforts. Randeria related the incident when the BPP housing committee first examined the waiting list of 3,500 applicants to find only 950 required flats. The rest "did not need flats,” he asserted. "Without allocating a single flat,” the waiting list was pruned.
"We are not spoiling for a fight,” he observed. The AZA concern was a humane one.
The AZA was formed around 2001 shortly after the election between sitting trustee Mehta and Godrej executive Maneck Engineer. Randeria had alleged "irregularities on the day of the voting.” Soon thereafter Engineer contested successfully against sitting BPP trustee Rustom Tirandaz and won.
Randeria, 51, a law graduate, runs Ahura Mazda Manufacturing Company Limited, a sheet metal fabricating concern; Patel, 62, is a travel consultant and Jehangirji, 55, a Tata Institute of Social Science MA holder in social work, is a human resource consultant.
Clockwise from top left: Jehangirji, Randeria and Patel and Press corps at meet ; An allottee holds receipts from various sanatoria (top row): Cyrus Rupa (left), Vistasp Baria; (second row): Jehangir Irani (left) and Hutoxi Fitter ;Patel holding kusti woven by Kety Sidhwa; Bottom: Percy Sidhwa
"Morally wrong”
When Mistree was asked about the veracity of allegations made in the WAPIZ Page of February 6, 2009 he replied that WAPIZ has thoroughly investigated and researched the cases before publishing the matter. He was adamant that such applicants would not get precedence over the more deserving. "It’s morally wrong,” he contended and vowed to fight. The Hindustan Times and The Times of India of February 10, 2009 quoted Mehta as stating, "Of the 104 cases, 54 have been cleared and will get homes. Some cases have been rejected and others put on hold for lack of documentation. The previous board made these allotments after the elections were declared and many of those allotted homes do not deserve them. We will appeal against the decision but won’t allow malpractices.”
An e-mail from "Bhabha Sanatorium” residents in Bandra that bore no name of the sender/s claimed the WAPIZ Page listed Mr Dinyar Chawda as residing in the sanatorium. "The said Mr Dinyar Chawda does not reside in the S. B. Bhabha Sanatorium… at least not since a decade. So, stop trying to mislead the Hon-ourable Court, The Respected Charity Commissioner and above all the common Zoroastrian. Freedom of Press does not mean you can publish blatant lies, digress from the truth and propagate absolute blasphemy and hypocrisy,” the sanatorium residents retorted.
"An open letter to the Parsi community” dated January 16, 2009 signed by 35 of the 104 allottees stated the antecedents of the recent allotment imbroglio: "We the signatories of this open letter are some of the 104 applicants to whom flats have been approved for allotment by the earlier board of trustees but which the present board of trustees have held up for review. The community is made to believe that we are not deserving of being allotted the BPP flats… We want to inform the community that on October 22, 2007, after hearing a complaint (Application No. 18 of 2006) filed by AZA activists Phiroze Bulsara and Mr Zeree Jehangirji, the Charity Commissioner (CC) passed an order restricting the BPP trustees from entering into any financial transactions with regard to trust properties. Thus all the allotments of BPP came to a standstill.
"Thereafter the then BPP trustees suggested to some of their applicants whose allotments were sanctioned by them but held up due to the ‘stay order’ to contact the CC and plead for their allotments to be removed from the stay. This advice was followed by some of the allottees after which the CC gave orders on February 6, 2008 directing the trust to file statement with details regarding the allotments made to these applicants.
"Enthused by the humane approach of the CC we too decided that we should contact him and plead that the trustees of BPP should be asked to consider our applications as well.
"The CC gave us a very patient hearing on March 28, 2008, took our applications on record and thereafter gave directions that the trust should file its say on the next date.
"On April 15, 2008, three of the then trustees Minoo Shroff, Dinshaw Mehta and Dinshaw Tamboly presented themselves before the CC and submitted that the trust will give hearing to the applicants and take a policy decision regarding housing accommodation to be provided, without prejudice to the rights of the parties. This is what has been recorded in the order passed on April 15, 2008.
Panthaky Baug: allotment to be made on tenancy or ownership basis?
"We ask our Parsi brethren if they think it was a crime for us to request the CC that our cases should also be considered. We did this because we have been suffering due to lack of proper accommodation. It is only because we were alert and took the initiative to contact the CC that things moved. As per the directions given by the CC, the earlier trustees, including Dinshaw Mehta, met all of us applicants who had applied to the CC, more than half a dozen times, probed our cases and assessed our need, and thereafter took decisions.
"We are now being painted as villains simply because we petitioned the CC and the other 900 applicants did not, but chose to remain quiet. If these 900 applicants were suffering like we have been why did they also not come forward? No one asked them not to do so. Is it our fault that the other 900 applicants did not want to press their case before the CC? The CC was aware that BPP had a list of more than 1,000 applicants, but it was because we applied to him that he gave directions to the trustees to consider our cases. Further, as the hearings progressed more and more applicants approached the CC who included their names also for consideration…
"Moreover, it is not as if this was the first and only legal battle that Kersi Randeria and the AZA activists have waged against the faulty policies of BPP.
"Bomy Patrawalla and Parvez Mullan-firoze filed an Application No. 3 of 2004 before the CC alleging that permission dated April 29, 2002 to alienate trust property at Panthaky Baug, Andheri was obtained by fraud, misrepresentation and concealment of material facts. They proved before the authority that the covenant between the executors of the will of late Seth Panthaky and the BPP was very clear in that the land could be only used for building housing colony for poor and deserving Parsis.
"After many hearings an order was finally passed on November 5, 2008 by the CC revoking the sanction accorded to alienate flats in building Nos. A and B. As an aside we see nothing amiss in mentioning that it was also very humane of the CC to exempt from his order those purchasers who had already entered into agreements with the trust or to those who had parted with substantial amount for purchase of the flats in either of the buildings. Many of our Parsi brethren have thus been spared.
"Dear Parsi brethren, from the above you will realize that the trustees did not act as per the wishes of the settlor as they should have done. When Kersi Randeria and the AZA activists approached the trustees about this matter and requested them to allot the flats on rental basis, the trustees refused. This refusal by the trustees resulted in the complaint being filed before the CC.
"Dear Parsi brethren, we ask of you what wrong have Kersi Randeria and the AZA activists done? It is because of them that Parsis like us have an opportunity to be allotted the balance unsold flats. Do you feel that the trustees are justified in referring to Kersi Randeria and the AZA activists as goondas, goons, terrorists and so on, after they have done so much for the ordinary Parsis like us. At least we do not think they are…”
"Lame excuses were given”
Extracts from the Joint Charity Commissioner N. V. Deshmukh’s order dated January 23, 2009.
"To provide housing accommodation to the needy and poor Parsi persons is one of the main objects of the trust. At the cost of repetition, it is to be stated that the entire exercise by this authority was to see that said object is fulfilled. It was noticed that there was lack of proper administration, particularly in allotment of housing accommodation on the part of the trustees, which was evident from various applications received in this office. Persons who had applied long back in the year 1983 and who have genuine needs were not heard. Their claims were not considered. Several allegations were made against the trustees, which are referred in the earlier part of this order. When this and various other aspects were brought to the notice of this authority, an endeavor was made to find out a solution. Instead of putting blame on the trustees they were taken into confidence and with their help an attempt was made to solve the problem. In this process, all the trustees of previous board including present chairman, Dinshaw Mehta participated. At no point of time, any of them including Dinshaw Mehta made any grievance that they were pressurized to do certain acts which they were not legally bound to do…
"Throughout, the trustees made this authority to believe that they will take immediate action to provide housing accommodation. The new trustees were given ample opportunities and sufficient time to reconsider the applications. It was also made clear that if they noticed any allotments to less deserving persons, they may reject such claims with reasons after hearing the concerned. Nothing was done. Only lame excuses were given…
"In fact situation more stringent action is required to be taken, to see that the exercise undertaken in this proceeding to help the beneficiaries and to see that the affairs of the trust are managed properly is not futile. The conduct of the trustees is self speaking. There is lack of proper management with regard to the trust properties. This is a fit case to invoke powers under Section 41A of the Bombay Public Trusts Act, 1950 and to issue necessary directions.
"For the reasons discussed earlier, following directions under Section 41A need to be issued against the trustees, in the sister proceeding under Section 41A.
"That, you trustees are hereby directed to implement the decisions of earlier board of trustees to allot residential accommodations to the allottees as per report in (Ex. 116) in proceeding 18/06, immediately.
"You are directed that the 74 flats/residential accommodations available with the trust be handed over to those to whom they are allotted within one month from today...
"You are directed to find out the details regarding vacant flats with the trust and accommodations which could be available in immediate future to the trust and to make a statement in that regard before this authority on March 2, 2009 so that further steps for allotments to remaining allottees could be taken...
"You are directed to submit compliance report with this office on March 2, 2009…”
(A stay was asked for by the BPP but was turned down by Deshmukh — editors.)
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