Aside from the assets of defunct anjumans where few Parsis reside or none at all, functioning anjumans and trusts also face an ever-present danger of forfeiting their property. Safeguarding real estate is an arduous task, more so in a country where laws are vague and courts, lax. Even the Doongerwadi property in Bombay under the watchful eye of the Bombay Parsi Punchayet (BPP) was encroached upon some years ago. The then BPP trustees under the initiative of trustees Dinshaw Mehta and Rustom Tirandaz physically ousted the encroachers. Doongerwadi reportedly has a four-crore-rupee (USD 486,733) annual deficit, much of that accruing from wages, including to security personnel. If valuable real estate in Bombay can be encroached upon, what chance do properties elsewhere have?
Trust properties are often tied up in legal disputes. Flats lie empty with padlocks affixed to the front doors while others desperately seek accommodation. In Udvada, the sea facing grounds of a Parsi gymkhana lie barren, devoid of any structures. But like so many unutilized or underutilized assets, one seldom learns the facts behind the neglect. Locating the trustees, convincing them to act or co-opt new trustees is a time consuming task. More so in a diminishing and aging community where energy levels are low and there are more assets than capable people to manage them.
The trustees of the Iranian Zoroastrian Anjuman (IZA) called a meeting of voter members on March 27 this year to discuss the sale of 963 acres of land in Palghar, a town around 90 km north of Bombay. The original land parcel donated by a Jamshed Khodaram Irani comprised 2,334 acres, noted an IZA write-up on the meeting. Some land was given to his family members, some was requisitioned by the government, some was allotted to sub lessees who retained the land "in their possession as tenants." Safeguarding the remaining land is an onerous task. "The land is under constant threat of encroachment," cautioned the IZA trustees, warning, "There could be pressure from the government who may seek to acquire more of the land."
An earlier attempt to sell the land came to naught when the then president did a volte face, first agreeing to sell the land and then backtracking. This time the trustees appear resolute. Almost 84 out of around 100 present at the voter meet sanctioned the proposal, say the trustees. Even though due process has been followed, there is always the element of distrust.
Not many trusts are able to protect or capitalize their assets. The inability of FPZAI’s Defunct Anjumans Committee to monetize any properties after almost 40 years of trying, is an indication of how troublesome and complicated it is to sell community property. A case in point is the ownership and sale of the Tithal Sanatorium near Valsad that has been languishing over 30 years. Often trusts and trustees lack the financial resources and/or knowledge of the law. Some trustees are busy with other matters while others may be unconcerned. Those trustees who finally manage to monetize their property, after following due process, are to be applauded.
Safeguarding community assets can be a mammoth task as is eviden-ced in the case of The Zoroastrian Club (TZC) in Secunderabad (see "Zoroastrian Club’s sad saga," pg 25). The legal, physical and other tussles between the managing committee of the Club and their former "preferred supplier" over the past eight years has left the office bearers "fatigued, mentally stressed and traumatized," they state. The vendor in turn claims that the managing committee has made his "life miserable." Due to the bitter dispute, the Club canceled its annual Jamshedi Navroz function and temporarily shuttered its doors. Videos showing scuffles between the two parties are making the rounds on social media.
The dispute regarding TZC is over money and property. There is much at stake. TZC is located on prime property. It shows that even when appointing a vendor, they face litigation with parties claiming tenancy and even affixing their locks on the gates. Many clubs assign catering to a third party. But what happens when the contracted party refuses to vacate and claims to be in possession of the property? In the case of TZC, the City Civil Court Judge noted "despite none of the documents filed by the respondent proving the respondent is a tenant… and he is only treated as a ‘preferred supplier,’" he claimed tenancy. An appeal against the City Civil Court judgment has been filed by the contractor in the Telangana High Court.
The managing committee is to be lauded for taking on the challenges. But for how long can they keep the premises shuttered? And if they open their doors, how do they contain the vendor? Even in the Delhi and Calcutta dharamshalas, existing contractors were removed and there was some heartburn resulting from that. But no unseemly scuffles or litigation.
TZC members have now been asked to give their suggestions on how to handle the apparent stalemate. Their suggestions will be studied with great interest. This is not a matter pertaining only to the 700 or so members of the Club but to the community at large.