Readers' Forum
“Your good judgment”
Thank you for publishing my letter "Your good judgment” on plans for redevelopment of Nowroz Baug (Readers’ Forum, Parsiana, May 21, 2013). The trustees of the Bombay Parsi Punchayet (BPP) said that the new towers would be conveyed to the yet to be formed Nowroz Baug housing society but the land would remain with the BPP. If the BPP can enter into lease agreements to circumvent conveyance of the land, what prevents builders like Lodha, Rustomjee and others from doing likewise? (In the case of builders, the flats are normally sold on an ownership basis. The BPP creates licensees or tenants or leaves the occupants stateless without any legal position as in A. H. Wadia Baug and the Aderbad building — editors). This is a roundabout way to circumvent the legislation and can be challenged, whatever the outcome. However, it cannot be denied that sans conveyance of land the value of the flat depreciates.
Regarding the Parsis-only covenant which exists and is upheld, a court may or may not view the case differently as a judgment is not the last word on any subject.
In the late 1970s or early 1980s Indira Gandhi introduced reservations in promotions for Scheduled Castes and Scheduled Tribes in the private and public sectors. The private sector told her that financial sources would dry up if this was imposed, so she backed off. But reservations were introduced in the public sector in banks, airlines, etc.
A petition was filed in the Bombay High Court by B. R. Aga and Others vs. Air India and Others. Hormasji Seervai instructed by Gagrat and Company appeared for the petitioners. Khurshedji Bhabha and Firdaus Taleyarkhan instructed by Mulla and Mulla appeared for the defendants and a lawyer from Delhi whose name I don’t remember appeared for the Government of India.
The case was decided in favor of the petitioners, and an appeal was filed in the Supreme Court. Seervai passed away in January 1996. The case was decided in March 1996 and the Supreme Court overruled the Bombay High Court’s judgment.
Prime Minister Manmohan Singh’s government now wants to introduce reservations in the ministries and government departments. The Supreme Court is against this and has questioned the government, so the latter is bent on amending the Constitution to bring in reservations. It is to be seen what the reaction of the Supreme Court will be when this is done. BEHRAM AGA
behram_r_aga@yahoo.co.in
Regarding the Parsis-only covenant which exists and is upheld, a court may or may not view the case differently as a judgment is not the last word on any subject.
In the late 1970s or early 1980s Indira Gandhi introduced reservations in promotions for Scheduled Castes and Scheduled Tribes in the private and public sectors. The private sector told her that financial sources would dry up if this was imposed, so she backed off. But reservations were introduced in the public sector in banks, airlines, etc.
A petition was filed in the Bombay High Court by B. R. Aga and Others vs. Air India and Others. Hormasji Seervai instructed by Gagrat and Company appeared for the petitioners. Khurshedji Bhabha and Firdaus Taleyarkhan instructed by Mulla and Mulla appeared for the defendants and a lawyer from Delhi whose name I don’t remember appeared for the Government of India.
The case was decided in favor of the petitioners, and an appeal was filed in the Supreme Court. Seervai passed away in January 1996. The case was decided in March 1996 and the Supreme Court overruled the Bombay High Court’s judgment.
Prime Minister Manmohan Singh’s government now wants to introduce reservations in the ministries and government departments. The Supreme Court is against this and has questioned the government, so the latter is bent on amending the Constitution to bring in reservations. It is to be seen what the reaction of the Supreme Court will be when this is done. BEHRAM AGA
behram_r_aga@yahoo.co.in
◆ ◆ ◆
From the archive