Dear Editor,
Over 20 like-minded people of our community, along with some directly affected applicants, whose Leave & Licence were affected, took an impromptu initiative to visit the BPP office on Aug 30, 2016 to meet the Trustees with reference to Viraf and Armaity’s legal notice cautioning of illegality being committed by some of the present Trustees – as a result of which Housing allotments to 20 applicants went on hold.
Such a move is against the interest of the community. Trustees Armaity Tirandaz and Viraf Mehta claim through the legal notice that allotments on Tenancy/L&L not signed by all seven Trustees will be deemed illegal. Let us refresh Armaity Tirandaz’s memory to a couple of years back, about an allotment to Neville Mehta, nephew of Dinshaw Mehta. Out of 6 Trustees present, Dinshaw Mehta abstained from voting since it was his nephew. Of the remaining 5 Trustees, 3 Trustees voted in favor of allotment while 2 Trustees Yazdi Desai and Khojeste Mistry were against the allotment. Since the majority of the Trustees approved and signed the agreement, Yazdi Desai and Khojeste Mistry respected the majority decision and signed it. Can Armaity Tirandaz and Viraf Mehta not follow the same? This, in our opinion, is the highest form of double standard adopted by a sitting Trustee on both – the previous and the current board!
It is important to note that Armaity Tirandaz in her Facebook response misguided the community by mentioning that she, along with Viraf Mehta, decided to consult a senior counsel since the majority trustees felt it not necessary. Consider this – Manchi Cama’s letter was dated July 25, 2016. Let us assume that it reached BPP on July 26, 2016. At such short notice, it cannot be kept on the agenda nor a hurried decision could take place on July 26, 2016 . On July 27, 2016 the notice was issued by both to the Co-Trustees! Where was the time to even discuss the same in the Boardroom? In 2 days after Camas letter, Armaity and Viraf served notices to the BPP. Why the tearing hurry ?
This was a personal decision to consult a senior counsel and not that of the Board, though Armaity Tirandaz claims that the co-trustees did not feel it necessary for such an opinion. If both, Armaity and Viraf would have only read Clause No. 32, they too would not have felt the need to approach the senior counsel. Clause No. 32 states, ‘Whenever any difference of opinion shall arise amongst or any decision is required to be taken by the Trustees upon any question, matter or subject, the same shall be decided according to the opinion of the majority of the Trustees and in case of an equality of votes, by casting vote of Chairman of the meeting at which the vote is taken. Such decision shall bind the rest and shall be adopted and acted upon’. This step in my opinion is done with intent to stall allotments to the deserving. Notices such as the one issued by Viraf and Armaity are against our community.
I leave it to the community to decide if senior counsel advice was required? Armaity Tirandaz should be well aware as in the case of Parsi Lying In Hospital, she along with Dinshaw Mehta, were advised by the High Court to go with the majority and abide by Clause 32. Can this be denied? We should not fool the community with stories. Provide evidence to the community when clarifying a stand and give the community the complete, true picture. Time is not far when begging bowls will be drawn out again for votes. Because of one-up-manship attitude it is the community that suffers. Don’t take their curses. Serve the community.
We, the group members also take this opportunity to thank all the Trustees for giving us their time and assuring us that the allotments will take place barring those against it. If the issue is not resolved within a week from the date of publication, we would be compelled to invite all Trustees to visit all colonies and take questions depending on response from the community. We would request support from all community members and all Associations from colonies to come forward and support this cause. An evening for our community is not asking for too much. For any further information email us as below or if you wish to join this movement kindly provide us your details. We patiently heard these Trustees when they came for votes, now it’s time for them to fulfil their promises. We refuse to wait for 7 years – we want results now. Either perform or perish.
-Arzan J. Ghadially
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