Stay On Acquisition And Eviction Attempted By Collector Of Parsi Lying-In Hospital Land

The Parsi Lying-in Hospital is situated on Leasehold land granted by the Collector. The Government of Maharashtra, vide their policy dated 12th December, 2012, and subsequent revision thereof, vide policy dated 5th May, 2018, sought regularisation of Leases in respect of the Lands, whose lease period has ceased. The Office of the Collector have arbitrarily revised the Lease Rents of such lands by misusing and misinterpreting the provisions contained in the aforesaid policies and wrongly levied exorbitant and irrational penalty amounts, which are almost 200 times of the revised lease rent demanded.

The Trustees of the Funds and Properties of the Bombay Parsi Punchayet challenged the order dated 22nd January, 2019, passed by the learned Collector, Shri Shivaji Jhondale, by filing an Appeal and Application for Stay before the Maharashtra Revenue Tribunal, in Mumbai.

On 30th August, 2019, Advocates S G Karandikar, A Pandit, Homiar N Vakil and Suzan Vakil i/b Mulla and Mulla & Craigie, Blunt and Caroe, on behalf of the Funds and Properties of the Parsi Punchayet, Bombay, appeared before the learned Member, Shri S B Patil, Maharashtra Revenue Tribunal, in Mumbai, and obtained a Stay on the eviction and attachment Parsi Lying-In Hospital Land, by the Collector before the Maharashtra Revenue Tribunal.

The Stay obtained, was subject to the deposit of approximately Rupees Seventy Lakhs, with the Maharashtra Revenue Tribunal, by the Trustees of the Funds and Properties of the Parsi Punchayet, Bombay. All the Trustees of Funds and Properties of the Parsi Punchayet, Bombay, have agreed to comply with the same and have succeeded in initial steps taken by them to save the Parsi Punchayet Trust property.

The Appeal is fixed for final hearing on Friday, 27th September, 2019.


About Homiar N. Vakil, Partner, M/s. Mulla & Mulla & Craigie Blunt & Caroe

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