Not his master’s voice

The Gujarat High Court (GHC) on May 14 stayed proceedings before the Joint Charity Commissioner (JtCC) in Surat in the dispute between the president of the Surat Parsi Panchayat (SPP) and the Parsee Surat Charity Fund (PSCF). The Court has "also granted ad interim relief restraining respondent nos. 1 (JtCC), and 2 (SPP president Darayas Master) from proceeding further in any manner in regard to the sale/lease/disposal of properties and also restraining the respondent no. 2 from doing any act or initiating any action/proceeding or signing any documents in regard to the administration or management or the trust or assests.”
These developments follow in the wake of a decision taken at the meeting of the PSCF on April 16 to oust Master from the SPP presidency.

The JtCC stayed the expulsion and set May 16 for a hearing. But on May 14 the PSCF filed a writ in the GHC and obtained a stay on further proceedings. The next date for hearing is set for June 18 in the GHC.
"Master had thought fit to file an application before the Surat Charity Commissioner and has obtained an ex-parte stay regarding his removal as president/trustee. Needless to say, that the trustees of PSCF and the trustees of SPP will hotly contest the said application,” noted PSCF trustee Burjor Antia in a background note dated May 9, 2013 sent to Parsiana in response to the magazine’s queries on the dispute. The PSCF has the powers to appoint and oust SPP trustees.
The differences stem over the proposed sale of four SPP properties, two of which are in Surat (one admeasuring 1,000 sq m and the other 18,000 sq yd) one in Vesu (8,000 sq m) and one in Umerwada (3,200 sq yd). All the plots are reportedly encroached upon. The PSCF alleged the land was undervalued and Master had acted unilaterally in some aspects. "There was a serious flaw in the manner in which the immovable properties of SPP were being administered by you and… your conduct as president of SPP was detrimental to the interest of this august body. Without prejudice to our right as contained in the trust deed of the PSCF, the trustees unanimously decided to remove you as president/trustee of SPP,” noted PSCF chairman Sir Jamsetjee Jejeebhoy.
Noting that the SPP "doesn’t have an inch of land in their possession besides Doongerwadi,” Master stated in a telephonic interview with Parsiana on May 13 that he obtained the best possible price. The land is encroached upon by "ganotias, unauthorized hutments, land grabbers, goondas” and others and no income is generated from the property. In his letter dated February 26, 2013 to Antia, Master had stressed, "Though the actual physical possession of the lands in the hands of SPP is very less, the paper entities and holdings of our lands is colossal (8,53,027 sq m spread over 32… plots).” Due to these circumstances the board of trustees, after much deliberation authorized Master to sell or lease the land and apply for permission to the CC, he noted. In one instance where Antia had brought a quote of 15 crore rupees for one of the properties located in Vesu, Master saw he got a party that was ready to offer 26 crores, for which Antia congratulated him.
The "SPP is the creation under the trust deed dated 1st January 1841 known as Parsee Surat Charity Fund which is a Public Charitable Trust registered with the Charity Commissioner, Mumbai. The said trust deed gives power to their trustees to nominate and appoint from time to time seven or more repectable resident Parsis of Surat as the trustees of Surat Parsi Panchayat. The said trust deed also gives authority to the trustees of Parsee Surat Charity Fund to remove any one or more trustees and appoint another person in his place or stead from time to time,” states Antia. Besides Jejeebhoy and Antia the four other PSCF trustees are Dr Keki Turel, Sam Kalagopi, Khurshed Gandhi and Homiar Vakil.

"Maintain status quo”
On March 1 Jejeebhoy wrote to Master requesting a meeting in Jejeebhoy’s Bombay office "any day between 11 to 14 March 2013 at 4 p.m. so that we can discuss this issue and then come to an amicable understanding which is in the overall interest of (the) SPP.” A meeting, Jejeebhoy stated, would be preferable to "prolonged correspondence on this subject with conflicting contentions and valuations from both sides.” He requested Master to "maintain (the) status quo” till a "mutually acceptable solution” was arrived at.
On March 4 Master replied that "as you are aware, I had met with an accident in October last year, and with great difficulty I have just been able to walk with a walking stick. Under the circumstances, I will not be able to stand a strenuous journey to Mumbai, hence I humbly request you that I shall positively meet you at your convenience in Surat, Navsari or Valsad wherever you come over to any of these places.”
Jejeebhoy replied on March 5 that "had it been a meeting with just myself I would have surely taken into consideration your inability to travel and scheduled a meeting in Surat itself. However, since several other (PSCF) trustees from Mumbai will also be attending this meeting, I hope you will understand that logistically it would be inconvenient to now shift the venue…
"I am proposing that a joint meeting of both trusts be held in my office on March 14, 2013 at 11.30 a.m. In order that we may get a complete overview of the proposed transaction and also consider all the merits and demerits of the intended sale, I suggest that in your absence you should send us an exhaustive written explanation along with copies of all supporting documents explaining why the sale of these properties would be in the larger interests of SPP.”
Master did not attend the proposed meeting. On March 20, Jejeebhoy wrote, "In the course of (the March 14) meeting, six SPP trustees addressed a letter dated 14th March 2013 to the JtCC, Surat, cancelling the permission given by them to yourself to file the four applications … and seeking complete withdrawal thereof as they believe that the intended sale is not in the interest of SPP…

"In view of the unequivocal opinion expressed by the majority of SPP trustees, the trustees of PSCF hereby call upon you to desist from taking any action in furtherance of the sale of these four properties. We also wish to invite your attention to our letter dated 1st March 2013 requesting you to maintain status quo in this matter. Under the circumstances, we urge you to attend the next hearing before the JtCC on Friday, 22nd March 2013 and take all necessary steps to have all four applications withdrawn.
"We would appreciate receiving a written confirmation from you stating that you have accepted the decision taken by the majority of the SPP trustees and that you shall not act in contravention of their views as regards the aforementioned four applications filed before the JtCC.”
On receiving no reply, Jejeebhoy wrote again on March 26, "Regrettably, despite a lapse of six days there has been no feedback from your side. On the contrary, we have received reports that your actions have been diametrically opposite to the clear instructions issued by us in this matter and that you have instead of withdrawing the four applications got affidavits filed by local Parsis in support of the same.
"In view of the fact that your actions are prima facie detrimental to the interests of SPP, we hereby call upon you to show cause by explaining in writing (within the next seven days) why necessary remedial action should not be taken to remove you from your post as president of SPP.”
On April 29th Jejeebhoy stated, "We acknowledge receipt of your letter … dated 8th April 2013 which was received by us on 16th April 2013 at 2 p.m. Well before that, the trustees of PSCF had, on the same day, already convened a meeting at 11.30 a.m. and passed a resolution removing you as a president/trustee of SPP...
(Master states his letter was couriered on April 9, 2013 and reached Bombay on April 10. A "Consignment Details” printout from Professional Couriers shows the letter under the heading "Holding — Area” from April 10 to 16. Delivery was made on April 17. Master alleges the courier company was instructed to keep the letter on hold.)
"Though you subsequently withdrew three out of the four applications you were also required to remain present before the JtCC for the hearing on 18th April 2013 for withdrawal of the fourth Application (No 36/59/12), which you deliberately failed to attend. We have learnt that improper and questionable attempts were constantly being made by you in a deliberate attempt to frustrate the instructions given by the trustees of PSCF.
"By your letter under reply, you have sought to justify the sale of these four properties belonging to SPP on the ground that ‘there are hutments, ganotias, other trespassers Bharwads, etc. have encroached the land and these (are) court matters since long.’ Presuming, without admitting, that there is some merit in your contention, even then you have failed to explain why there is still such a significant difference in the market price of these properties (on an ‘as-is-where-is basis’), and the price offered to SPP by the intending purchaser. Your intention to dispose of these properties at such throwaway prices cannot, under any circumstances, be considered to be justifiable and/or in the larger interests of SPP.
"It has been brought to our attention that the proposed sale of all immovable properties was entirely handled by you and that it lacked transparency and due diligence procedures. In support thereof we have been informed that the creditworthiness of the prospective purchasers was not verified prior to filing these four applications before the JtCC. Moreover, not a single meeting was arranged between the prospective buyers and the trustees of SPP. All offers were solely considered by you without there being any agreed or predetermined criteria for acceptance or rejection of the same. Such actions on your part do not inspire confidence in your leadership.
"Furthermore you have not, till date made any attempt to justify or explain why your personal office address was mentioned in the advertisement issued by the JtCC (see 19th February 2013 edition of Sandesh). Despite this being subsequently brought to your notice, neither was any corrective measure taken by you nor did you ever revert with an explanation. Such high-handed and arbitrary behavior on your part only goes to show that the faith and trust of your co-trustees on the board of SPP reposed in you has been grossly misused and misplaced.”
In a letter to the Jam-e-Jamshed Weekly (May 5, 2013) Master wrote, "I understand at this meeting (with the PSCF trustees on March 14) (co-trustee) Zubin Bhatporia represented that I, Darayas Master want to sell the Rs 280 crores land only for Rs 50 to 60 crores and forced all six trustees, who had gone to Mumbai, to withdraw the proposals from the Charity Commissioner and an affidavit to this end was executed by these six trustees. By a fax message dated 4/4/2013, I was instructed to withdraw the applications from the Charity Commissioner before 10/4/2013.
"I cannot understand when the administration of SPP vests in its trustees, does the PSCF have any right to interfere?
"I have been president of SPP since 2002 and have done good work for the community.
"For some unknown reason and jealousy, I have been removed from my post by a simple fax with immediate effect.”
Master states that the potential buyers for the land are required to appear before the CC and in the officials’ presence the tenders would be opened and the parties asked to bid. So the question of his knowing or introducing the purchasers to the other trustees did not arise. Regarding his address appearing in the advertisement he said this was due to an error in the CC’s office. "The CC made a mistake in giving the wrong address. I had not given the address.” All the four applications were withdrawn, the fourth one later as the CC was not present in Surat on the designated day. Master notes the Surat CC office is a temporary one and the JtCC shuttles between Ahmedabad and Surat.
Six of the eight SPP trustees wrote to the Jamé of (May12, 2013). Jamshed Dotivala, Dr Homi Doodhwala, Dr Minoo Parabia, Yazdi Karanjia, Bhatporia, Hormazdiyar Patel (now resigned): "It is pertinent to note that none of the trustees were ever introduced to the bidders/purchaser and solely with a dictatorial attitude the applications were accepted or rejected as per the president’s choice.
"The trustees had earlier agreed to sell the land, as they had been regularly misinformed/misguided by the president, regarding the land getting acquired under the Agricultural Land Ceiling Act with the threat that the trust would be deprived of a single penny if we don’t sell...
"Regarding the land at Umra-Piplod (referring to the Vesu plot) measuring 8,526 sq m, whose current market price is around Rs 100 crores and whose application for sale had been kept before the JtCC on July 18, 2012, to our surprise, the sole applicant (application received from person having no letterhead, no mention of mobile number, no creditworthiness statement) had already entered into an illegal contract on August 16, 2012, for taking possession from the caretaker of the land, for which we had documental evidence.
"Getting a sense of serious malpractice/fraud about the modus operandi where the interest of the trust was severely maligned, and seeing that no punishable action was taken on the conspirator by the president, in the best interest of SPP there was a consensus for withdrawing all the applications by the six trustees.
"After severe warnings from Sir Jamsetjee Jejeebhoy, chairman of the PSCF, the recalcitrant president had to withdraw the applications kept before the JtCC, unwillingly...
"Repeatedly, when asked regarding such audacious and autocratic steps, no answer was received, nor any remedial measure taken to rectify the same.
"No coercive measures whatsoever were used by the PSCF trustees, and all withdrawal of applications were done in the best interest of SPP.”
Pointing out the opportunities afforded Master to represent his point of view, Antia notes, "In view of the aforesaid facts, it is not correct on the part of Master or anyone else to allege that Master was not given a chance to present his case nor was he served with any show cause notice…”
His co-trustees advised Master to approach PSCF and "maafi maag (ask for forgiveness)” so he could be "reinstated.” Master replied, "What have I done wrong to ask for forgiveness?” Master says he will fight to vindicate his stand. "Mè su guna kidhuch? Mara bhéja maa nathi utartu (What error have I made? I don’t understand),” he told Parsiana. He points out that the other six SPP trustees had concurred with his decisions so why was he alone being singled out for dismissal? He notes that he had cordial relations with the PSCF and serves as president of the Sir J. J. Benevolent Fund School in Surat.
During his tenure as SPP president the funds of the trust have increased from 13 crore rupees to 58 crores and that doles handed out on Behram roz to senior citizens and widows were increased from Rs 300 to Rs 1,200, Master states. A physiotherapy center provides free treatment to senior citizens.
He observes that he has put aside his personal work to devote time to the SPP and wanted to be treated with respect. He says the notice of his ouster was sent by a fax. In 2002 former chairman of the SPP Dr Sam Bhacca resigned following allegations of impropriety after much public discontent was expressed.
"Dil khaattu chhè (I feel bitter),” Master states.
Another Surat resident in the know of things believes the differences are more ego issues than malfeasance. Jejeebhoy’s intransigence and Master’s failure to tackle him diplomatically were at the root of the matter. "A mountain is being made out of a molehill,” he claims. According to him a potential bidder approached the secretary agency/guard at one of the plots for sale and gave them/him some money.
This story reached the ears of the group in Surat opposed to Master and they spread the canard that Master had colluded with the buyer, he alleges. But as the sale was being done by tenders and bidding, in the JtCC’s office, Master could not have interfered in the sale.
Why then did the other six trustees ask for Master’s resignation? They were instructed by the PSCF trustees to do so and since they were appointed by the PSCF they felt obliged to follow their instructions, said the source.
"Everything can be settled,” he stated. Master also would be prepared to step down but not in disgrace. He should depart with respect.