“Dishonest motives and wishes”

The contentious issue of allotment of flats by the Bombay Parsi Punchayet (BPP) forms much of the bulk of the 604-page petition filed before the Charity Commissioner (CC) by Muncherji Cama against six sitting trustees of the apex Bombay trust. While Cama’s status on the BPP is a matter of dispute before the CC in another suit (he had sent a letter of resignation to the BPP trustees and subsequently wrote another letter withdrawing the resignation citing a technical error), in January this year he filed an application under Section 41D of the Maharashtra Public Trusts Act 1950 asking for the present trustees to be suspended, removed or dismissed from office.
Of the six present trustees, chairman Yazdi Desai, Armaity Tirandaz, Noshir Dadrawala, Kersi Randeria, Zarir Bhathena and Viraf Mehta, Cama has singled out four, namely Desai, Dadrawala, Randeria and Bhathena and accused them of "acts...akin to malfeasance (illegal or dishonest), misfeasance (trespass) and breach of trust.” The petition alleges the flat allotments were done "with mala fide intentions to fulfill their dishonest motives and wishes.”
Cama alleged the Merit Rating Scheme (MRS) which lays down certain norms for allocation were not followed in 16 cases, "in contravention of the settled rules and procedure.” To qualify, an applicant should "lack accommodation,” and/or fall under one of around 30 circumstances which would make him/her deserving (unhealthy surroundings, major repairs to existing home, residing in sanatorium, flat less than 100 sq ft, etc).
"The minimum requirement to qualify for seeking accommodation from the said trust is that the applicant must not have/should not possess an ownership or a rental residential accommodation in Bombay (including extended suburbs) in his/her name. Further, the said rules also disqualify those applicants who can avail loans from organizations like HDFC (Housing Development Finance Corporation) and/or whose means are sufficient to secure alternate accommodation within the city limits of Bombay and its suburbs. Further, one of the important aspects to be considered at the time of allotment of flats to the applicants is the applicant’s income as the said trust’s objective is to provide accommodation first to the needy and financially weak member of the said community and not to financially sound members of the community. As per the said rules (as amended on November 15, 2011), no member having gross monthly income of more that Rs 1,00,000 will be eligible to seek allotment of the said trust’s flat/properties for accommodation.”

Top: Muncherji Cama; above: file photo of Cusrow Baug

The names of those selected are to be published in the Parsi Press.
The petition notes the BPP controls around 4,500 flats in the city (the five Wadia Baugs are in addition). "Currently, around 600 to 750 applications (for flats) are pending for consideration and on an average 100 applications are filed every year.”
Cama alleges these norms were disregarded in the cases he has listed and "the reasoning behind the allotments...(were) inconceivable, unjust and bogus.” Hence the application to suspend/dismiss the trustees.
Cama further noted that on the present board, trust papers were also denied to Tirandaz and Mehta. Under compromise terms hammered out with Justice Shahrukh Kathawala of the Bombay High Court the majority trustees (Desai, Dadrawala, Randeria and Bhathena) were to instruct the BPP staff to share the papers. But the four BPP trustees alleged that this agreement does not extend to the Wadia trust properties and so papers pertaining to the Wadia flats are denied to Tirandaz and Mehta.
In the application to the CC, Cama alleged he was "deliberately kept out of the business of the said trust,” pending the dispute over his status on the board. Four trustees (Arnavaz Mistry, Jimmy Mistry, Khojeste Mistree and Desai) on the previous board had rejected the withdrawal of Cama’s resignation letter and had filed a change report with the CC. Those who wanted Cama back on the board, Dinshaw Mehta and Tirandaz, were in the minority. Only a few documents which required Cama’s signature were forwarded to him.
Cama’s term ends in June 2018. A decision on the case from the CC is expected this month.