“Hurdles to the Hospital”

In "Hurdles to the Hospital” (Readers’ Forum, Parsiana, December 21, 2017) Piroja Jokhi has tried to subtly, though indirectly, blame me for the fiasco on the present state of the Parsi Lying-in Hospital (PLIH).
She states that the mistakes of PLIH should not be repeated and goes on to praise the PLIH committee members supposedly for a lucrative deal while castigating me for placing "spokes in the wheel.” She alleges I reneged on producing a better offer as promised. In view of the above claims, it is necessary to clear the air and place the facts regarding the PLIH deal.
The PLIH property belongs to the trustees of the Bombay Parsi Punchayet (BPP). The property was conveyed through a conveyance deed, lock, stock and barrel and handed over in 1924 by the then trustees of PLIH to the then trustees of the BPP, with the consent of the Bombay High Court in a Chamber summons. The then BPP trustees being persons of nobility and leisure allowed the managing committee to continue to oversee the day-to-day management of the Hospital, without interference.
For the last 30 years, the Hospital property has been neglected and unused. In 2010-11, the managing committee, without public notice, entered into a private deal with Krimson Ventures Private Limited for erection of a super specialty hospital. The property was to be leased for a period of 30 + 30 years with lease rental starting from one crore rupees per year and after seven years, five percent of the revenue earned. The compulsory government quota of reserving 10% beds for free and 10% at subsidized rates for poor Parsis would be observed. The then BPP trustees inquired of the managing committee why public advertisements calling for offers from other health care institutions were not issued, and why a private deal at such a low lease rent was executed.
The BPP trustees unanimously filed a writ petition in the High Court to cancel the lease agreement as well as the Charity Commissioner’s sanction. But unfortunately, after the infighting and division in the BPP board, the majority trustees decided to go ahead with the lease, with a few cosmetic changes, but without issuing a public notice.
My co-trustee Armaity Tirandaz and I (then chairman of the BPP) continued to object to selling/leasing the valuable trust property without a public advertisement calling for offers from other reputed healthcare organizations. Even if one allows that the Krimson deal may be the best possible, the call for public offers followed by a public auction would ascertain the offer was the best.
As regards my alleged promise to bring better deals, please understand that both Breach Candy Hospital and Dr Keki Turel had given offers which were palpably better than Krimson’s. Once we filed our Special Leave Petition in the Supreme Court, Krimson immediately terminated the lease agreement.
The Supreme Court, after 14 years, annulled the sale of the B. C. Batliwalla Agiary trust property at Tardeo on this very principle of a private deal executed without issuing a public notice.
The managing committee and trustees of PLIH have deliberately declined to advertise and call for offers since the last two years. They are at present repairing the structure due to the Bombay Municipal Corporation taking legal action against them in the Shindewadi Metropolitan Court.
It is my firm belief that the property should not be alienated but kept for community use and benefit only. We have very competent doctors who would willingly contribute the cost of construction of two whole floors if one floor is allotted to them on tenancy basis, or the cost of construction of three floors if one floor is allotted on an ownership basis. In this manner, the property will remain with the community forever. DINSHAW MEHTA