In the last Issue of Metro Junction of 14- 10-2018 we had high lighted the Gross Misuse of the Discretionary Powers of Trustees in allotting a 2RK flat in Navajbai Contractor Baug to mixed marriage couple, Kaikhushru Irani with a Christian wife. This expose led to more skeletons coming out of the closet thanks to the Staff.
Whilst genuine deserving Parsi couples have to wait their turn, Kaikhushru Irani had filed an Exchange Application only on 30-5- 2017 after the Petit Trust had filed an Application before the Competent Authority for his rude and crude bad words addressed to their Trustees his Application was heard over a couple of Board Meetings.
The Competent Authority rejected the Application of the Petit Trust to peremptorily evict him and accepted the defense of Mr. Irani and allowed him Leave to Defend by her Order dated 16-8-2017 and hence Irani was safe for the next 5 to 10 years.
We have now received Extract of Minutes of Board Meeting dated 29-5-2018 whilst considering the Exchange Application No. 1352 dt 30-5-2017 where it is recorded as under:
“”Mr. Kaikhushroo met the Trustees and informed that he had paid Rs.15 lakhs to Petit Trust as Donation. He also paid Rs.11 lakhs to outgoing occupant. The Petit Trust had filed a legal case against him with a Competent Authority is still goes on.
Chairman Mr. Yazdi Desai pointed out that Kaikhushroo can be allotted a flat at Palmlands. Trustee Mr. Kersi Randeria pointed out that there was one flat vacant at Palmlands for which BPP had paid Rs.40 lakhs to the outgoing tenant and assured the Board that he will get Rs.40 lakhs back as Donation for BPP.
Kaikhushroo pointed out various problems faced by his relatives whose responsibility is on Kaikhushroo himself.
Trustee Mr. Viraf Mehta apprised the Board that in 2017 Kaikhushroo had entered into altercation with him and so he would abstain from this case. After discussion, the Trustees approved the case for allotment in 2 R+K, Flat No.4, Bldg ‘B’, Palmlands, Mahim””
From the above statement of Kaikhushroo Irani to the Trustees on 29-5-2018 it is evident that he had suppressed the fact that Petit Trust had lost their peremptory eviction application by the Order dated 16-8-2017 wherein he had been given Leave To Defend by which he was safe for the next 5 to 10 years at least.
The Petit Trust immediately filed an Appeal/ Revision Application before the Additional Commissioner, Konkan Division but before it could be heard, on this Ground, the majority Trustees decided to allot him a flat out of turn without reference to Merit Rating Scheme or other priority applicants and in spite of his non-Parsi wife, as he was well known to a powerful Trustee ruling the BPP at present, his name was published in Parsi Times of 9-6-2018.
An objection was filed against this out of turn allotment by Parvez Driver by his letter dated 26-6-2018 who objected to this illegal allotment as to how BPP with his non-Parsi wife could allot him a fresh flat in any BPP COLONY or building whilst his neice was evicted though her non-Parsi spouse never resided in the BPP flat. He requested for a personal hearing. However his Objection was not even considered and at last board meeting of 28-8-2018 the allotment was approved for a Palmlands flat and post haste the Leave License Agreement is also finalised for Trustees signature on 4-9-2018 and executed and Registered at Old Custom House on 15-9-2018 under Registration No. BBE-4/ 10122/2018.
It now transpires that low and behold this time the Additional Commissioner by his Order dated 30-7-2018 also dismissed the Revision Application of the Petit Trust on the ground that there are triable issues involved which are required to be considered after leading evidence and gave Kaikhushru Leave To DEFEND and hence he is not going to be thrown to the streets at least for the next 10 years or in the near future and the urgency to house him no longer exists.
The fact of his victory before two forums was deliberately kept hidden from the Trustees and under plea that he with his family would be thrown on the streets at any time in Appeal they were misguided to consider his case not only with sympathy but on priority to other more deserving Applicants by this subterfuge. Inspite of two concurrent judgements of 16- 8-2017 and 30-7-2018 in favor of Kaikhushru and against Petit Trust, the Majority Trustees felt it expedient to allot him a 2RK flat at Mahim on 28-8-2018 depriving a deserving pure Parsi family of this allotment.
We have now received an Extract of Minutes of 28-08-2018 wherin whilst considering Exchange case No. EXC-1352 dated 30-5-2017 of Kaikhushroo Sam Irani it is recorded as under:
”Trustee Mr. Kersi Randeria apprised the Board that the Petit Trust has won the case and Mr. Kaikhushroo is not going in for an Appeal. Trustee Mr. Viraf Mehta informed that BPP should in any case receive around Rs.40 lakhs for the Palmlands flat. Trustee Mr. Kersi Randeria stated that he would try to obtain a Donation. Trustee Mr. Viraf Mehta informed that he has abstained from this case but would like to suggest that Petit Trust should donate to BPP directly.Mr. Randeria informed that Kaikhushroo had donated to Petit Trust not against the allotment of flat but Donation was taken from him for Petit Orphanage. Some amount was paid to some Shiv Sainik for vacating the premises. Mr.Randeria also apprised that Kaikhushroo had informed him that Petit Trust would pay Rs.30 lakhs if Kaikhushroo surrenders his mothers flat also. Recently Petit Trust had taken over many flats.
Trustee Mr. Randeria informed that he is trying to fix a Meeting with Sir Dinshaw Petit very soon.
Trustee Mr. Viraf Mehta expressed to the Board that he was not in favour of this case. Trustee Mr. Randeria apprised the Board that Kaikhushroo is undergoing tremendous trauma. He has to look after his own family. Above that he has to look after his divorced sister and her 2 children. Besides also to look after his old mother. His brother is a vegetable and is in Parsee General Hospital since many years which was confirmed by Trustee Mr. Zarir Bhathena.
Trustee Mr. Xerxes Dastur apprised that he was not aware of this case and after hearing such pitiful condition the Trustees should go ahead with the allotment.
Trustee Mr. Randeria suggested that as an alternative Kaikhushroo should surrender his flat at Balaram Street to BPP which was seconded by Trustee Mr. Viraf Mehta.
Trustee Mr. Randeria also informed the Board that some of the reputed Parsi individuals like Mr. Dinshaw Mehta, Mr. Zarir Bhathena and Mr. Yazdi Bhagwagar are in good terms with Sir Dinshaw Petit and could be requested to donate to BPP.
After discussion, the Trustees decided to use their contacts to speak with Sir Dinshaw Petit for Donation to BPP. It was also decided to collect proof of Donation from Kaikhushroo when he had donated to Petit Trust.Administration to take possession of Kaikhushroo’s Balaram Street flat.””
From the above it is clear that the board was misguided that Petit Trust had won the case whilst actually they had lost at both forums.
Since Kaikhushroo has been allotted under Exchange Application they have rightly minuted that ‘Administration to take possession of his Balaram Street flat’. But then the question arises how can the BPP Trustees take possession of another Trust’s flat without the approval or consent of that Trust.
Though Kaikhushroo has been given possession of BPP flat in Palmlands on 15-9- 2018 as yet the Rs. 40 lakhs reimbursement promised has till date not been received from Petit Trust. Neither has he vacated his Petit Trust flat nor handed over the keys to Petit Trust or BPP. This is a fit case to move the Charity Commissioner for out of turn allotment depriving pure Parsi couples of their allotment rights as well as obtaining the flat by fraudulent means and causing loss of Rs. 40 lakhs to charity.
Published on Metro Junction