#79
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by mumineen » Fri Jun 03, 2005 4:27 am
The Un-Truth by the Toronto Jamaat
Dear Mumineen of Toronto:
Baad Afzalusalaam
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It is an important day in Dawat's history. Inspite of the incessant attempts by mukhalefeen for the last 25 years to stall the project, the judgement came in our favour and as soon as the judgement came, Aqa Moula(TUS) embarked on this ambitious project of building one of a kind hospital where mumineen and gher mumineen will benefit and get treated.
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Abeede Syedna(TIS)
Anjumane Burhan
The Real Truth
SIR ADAMJI PEERBHOY SANATORIUM CASE
SUPREME COURT'S FINAL JUDGEMENT
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The following is the final judgement delivered by the Supreme Court of India in Sir Adamji Peerphoy Sanatorium Case (1999 S.O.L Case No. 826) on 3rd February 2000 before judges S.B. Majumdar and AP Misra. Appelant - Hatim Merchant v/s respondent - Salehbahi Saifuddin
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JUDGEMENT
Umesh C. Banerji, J -
The Orders of the City Civil Court Application No. 18 of 1976 dated 5.8.1991 and 22.10.1991 as modified by the Order of the Bombay High Court dated 15.7.1993 in Letters Patent Appeal No. 103 of 1991 are confirmed save and except as modified by the following directions:
Thirty (30) beds in the proposed Saifee Hospital shall be reserved for the treatment of members of the Dawoodi Bohra Community free of charge. Such beds to be provided to economically needy Dawoodi Bohras regardless of whether they have taken the Oath of allegiance (Misaq) or not and regardless of whether they have been excommunicated or not.
{This must be noted here that the trustees of Sayedna who are going to built a commercial Hospital on the Trust Property of the Bohra Community and who are going to collect crores of rupees again from the community to construct this hospital, were not ready to give a single bed free for the needy Dawoodi Bohras, it is by the efforts of the reformists that they are now compelled to give 30 beds free in hospital of around 300 beds. These greedy trustees were also intending to use Sir Adamji Peerbhoy's Sanatorium for hospital purpose but the reformists have succeeded in retaining the Sanatorium for charitable and religious purpose as per the earlier objects of and name of Sir Adamji Peerbhoy- Editor}
3. Wing A and B of the Sir Adamji Peerbhoy Sanatorium Trust shall not be demolished unless and until a sum of Rs. 1 Crore is deposited by the Trustees of Saifee Hospital Trust in a separate Bank Account to be opened for this purpose. The utilization of the said sum of Rs. 1 Crore shall be in accordance with the Orders (construction of Sanatorium building). It is placed on record that a sum of Rs. 1 Crore has already been deposited by the Saifee Hospital Trust on 23rd November, 1999.
4. The Trustees of Saifee Hospital Trust undertake to this Court and are accordingly directed to complete the construction of the Sanatorium Wing of minimum built up area of 16,000 square feet within five years from the date of commencement of demolition of Wing A and B of the Sir Adamji Peerbhoy Sanatorium Trust property.
The plans annexed to the Affidavit of Mudreka T. Zakiuddin dated 8.10.1997 at Volume XIV page 2237 to 2262 filed in this Court shall be amended to bring the entrance of the sanatorium Wing to the front of the building facing Maharishi Karve Marge.
The cost of the construction of the Sir Adamji Peerbhoy Sanatorium Wing of the proposed building with minimum built up area of 16,000 square feet and within the time frame (5 years) as indicated above shall be born by the Saifee Hospital Trust. The Trust would also furnish the Sanatorium fully so as to make it a comfortable living and resting place for the Musafirs. It is further clarified that the entire maintenance of Sir Adamji Peerbhoy Sanitarium also Durdah and the open space shall be effected by the Saifee Hospital Trust in the same way and manner so of the Hospital.
(The vindictive Trustees of Sayedna were trying to use Sanatorium Wing as extension of Saifee Hospital for pre and post operation patients. This was very clearly mentioned in the affidavit of Ali Asghar Kalimuddin and in the earlier plans by Baqir stating Sanatorium as Nursing Home. That is why the Supreme Court has to direct so clearly and emphatically. That is Sanatorium must be named as Sir Adamji Peerbhoy Sanatorium and must be reserved only for Musafirs. -Editor)
5. The open area adjacent to the Mosque and Darghah of Adamji Peerbhoy in the Adamji Peerbhoy Trust property which is shown in green colour in the plan annexed to the Affidavit of Respondent No. 11 (Mudreka Zakiuddin) dated 8.10.1997 at page 2253 of volume XIV filed herein shall be used exclusively for the purpose of the Mosque and shall always be available to the Mosque for the use of devotees (Namazees).
(It should be noted here that the vindictive Trustees had shown this open area as garden and children's play ground in the plans submitted to the Supreme Court. It was obvious that they wanted to hide Sir Adamji Peerbhoy's Dargah behind the trees in the garden so that his memory is wiped out once for all. So the Court had to give this clear and emphatic direction to the Trustees.)
6. Upon completion of the project, an open able gate shall be placed on the East and West sides the newly constructed property for the purpose of distinguishing separately the area of the Sir Adamji Peerbhoy Sanatorium, his Mosque and Dargah from the area of the Hospital. These gates which shall be ordinarily be kept locked shall be designed and placed in a manner so as to facilitate without any obstruction the entry, exit, passage and movement during emergencies of the fire-brigade vehicles, ambulances and hearses around the property. The however shall be kept under the care and custody of the Saifee Hospital Trust but a set of duplicate keys would be kept with the Caretaker of the Sir Adamji Peerbhoy Sanatorium for use during emergency.
7. The gates and entrance to the Sanatorium and Mosque portions of the building shall bear the name of Sir Adamji Peerbhoy Sanatorium and/or Sir Adamji Peerbhoy Sanatorium Trust. The gates and entrance to the Hospital portion of the building shall bear the name of Saifee Hospital and /or Saifee Hospital Trust on the gate posts, and the name of Sir Adamji Peerbhoy Sanatorium and or Sir Adamji Peerbhoy Sanatorium Trust on the opposite gate posts in letters of equal size and prominence. If the name of Saifee Hospital or Saifee Hospital Trust is put up on any exterior surface of the Hospital Wing then the name of Sir Adamji Peerbhoy Sanatorium Trust shall be placed alongside the same or one after the other with due regard to the Anesthetics of the Building with equal size and prominence.
(It should be noted that in the plans submitted by the Mudreka Zakiuddin in the Supreme Court and the Model of the new building exhibited in the Saifee Masjid in Sept. 1999 the entrance of the Saifee Hospital was shown in the center with 'Saifee Hospital' written on it and without mentioning the name of Sir Adamji Peerbhoy Sanatorium, so as to fool the public that the entire building is for Saifee Hospital. The Supreme court has rejected that plan and has directed the Trustees to make new plans with the entrances and the names of Saifee Hospital and Sir Adamji Peerbhoy Sanatorium with equal prominence. Trustees review petition in this regard was also rejected by the Supreme court. Editor)
8. It is placed on record that the State Government is prepared to renew the lease. The details and the particulars in this regard thereto would appear herein below under the head directions. ( It is to be noted that when the plans of Sayedna's trustees to construct a Modern Commercial Complex after demolition of Mosque, Dargah of Sir A.P. and Sanatorium failed, they came for Adamji Peerbhoy Sanatorium, his Mosque and Dargah from the area of the Hospital. These gates which shall be ordinarily be kept locked shall be designed and placed in a manner so as to facilitate without any obstruction the entry, exit, passage and movement during emergencies of the fire-brigade vehicles, ambulances and hearses around the property. The however shall be kept under the care and custody of the Saifee Hospital Trust but a set of duplicate keys would be kept with the Caretaker of the Sir Adamji Peerbhoy Sanatorium for use during emergency.
9. The gates and entrance to the Sanatorium and Mosque portions of the building shall bear the name of Sir Adamji Peerbhoy Sanatorium and/or Sir Adamji Peerbhoy Sanatorium Trust. The gates and entrance to the Hospital portion of the building shall bear the name of Saifee Hospital and /or Saifee Hospital Trust on the gate posts, and the name of Sir Adamji Peerbhoy Sanatorium and or Sir Adamji Peerbhoy Sanatorium Trust on the opposite gate posts in letters of equal size and prominence. If the name of Saifee Hospital or Saifee Hospital Trust is put up on any exterior surface of the Hospital Wing then the name of Sir Adamji Peerbhoy Sanatorium Trust shall be placed alongside the same or one after the other with due regard to the Anesthetics of the Building with equal size and prominence.
(It should be noted that in the plans submitted by the Mudreka Zakiuddin in the Supreme Court and the Model of the new building exhibited in the Saifee Masjid in Sept. 1999 the entrance of the Saifee Hospital was shown in the center with 'Saifee Hospital' written on it and without mentioning the name of Sir Adamji Peerbhoy Sanatorium, so as to fool the public that the entire building is for Saifee Hospital. The Supreme Court has rejected that plan and has directed the Trustees to make new plans with the entrances and the names of Saifee Hospital and Sir Adamji Peerbhoy Sanatorium with equal prominence. Trustees review petition in this regard was also rejected by the Supreme Court. Editor)
10. It is placed on record that the State Government is prepared to renew the lease. The details and the particulars in this regard thereto would appear herein below under the head directions.
(It is to be noted that when the plans of Sayedna's trustees to construct a Modern Commercial Complex after demolition of Mosque, Dargah of Sir A.P. and Sanatorium failed, they came for ward with a 'noble project of building a public hospital in the name of Saifee Hospital. It was a commercial project for which they entered with the State Government for commercial lease, lease rent being more than Rs. 99 lakh per year. The reformist fought against this high rate lease as Sayedna's sole intention was to sale of this land of worth 200 Crores, which is clear from the lease document. Supreme Court thus called the representatives of the State Government and gave orders to renew the lease as per the original terms of lease rent of Rs. 247/- per year instead of more than Rs. 99 lakh per year.)
11. The Trustees of Saifee Hospital Trust undertake that the entire ground rent for the Adamji Peerbhoy Sanatorium Trust property will be paid by the Saifee Hospital Trust for and on behalf of Sir Adamji Peerbhoy Sanatorium Trust.
However, in the event of non-payment of such a rent for a period of three months the State Government being the less or will intimate Sir Adamji Peerbhoy Trust and call the latter to pay the arrears within further period of three months together with the current rate of rent and in the event, however, if there is any failure to pay on the part of Sir Adamji Peerbhoy Sanatorium Trust, within the period, as aforesaid, the property lease deed shall stand automatically terminated and the land and the constructions thereon shall stand vested on the State Government excepting however, the area for the Dargah of Sir Adamji Peerbhoy and his Mosque and the open and adjacent thereto as earmarked in the plan.
In the event, however, on payment by Sir Adamji Peerbhoy Trust the property shall stand vested on to Sir Adamji Peerbhoy Sanatorium Trust.
12. Save and except the modifications in the Scheme of the Sir Adamji Peerbhoy Sanatorium Trust as granted by the City Civil Court at Bombay in its Order dated 5.8.1991, the Original Scheme of the Trust as settled by the Bombay High Court in 1931 stands confirmed and thus shall remain operative and in force in all other aspects.
(It must be noted here that the original Scheme of Sir Adamji Peerbhoy Trust was framed by the Bombay High Court in 1931 wherein the Bohra Religious head (Sayedna) is kept absolutely out of this Sanatorium. The Sanatorium's Mosque, according to the original Scheme is not under control of Sayedna and there he wanted to destroy this Mosque by fraud. Editor).
13. The confirmation of Orders as above of the City Civil Court at Bombay and the High Court of Judicature at Bombay by this Court are however without prejudice to the right of the parties to adopt such remedies as are available in law against the concerned Trustees for any malfeasance (misconduct especially in official capacity) or misfeasance (detrimental to the interest of the Trust).
(It is to be noted that the Supreme Court was aware of various violations of Court orders and fraud committed by the Trustees and therefore it has kept this option open for the reformist to take legal actions at lower level against the trustees to remove them from the Trust. Late Mansoor Jani on behalf of The Dawoodi Bohra Jamat, Bombay had already taken up the matter at the Charity Commissioner and lower court level which would be followed up the Jamat Insha-Allah)
14. All contentions other than those expressly decided by the City Civil Court and High Court and as dealt with hereinbefore in this order by this Court are kept open.
15. We do feel it expedient to issue the following directives to the State Government of Maharastra:-
i. The orders given under the government Memorandum No. S-30/91/21 1923 CR No. 46/J-2, dated 28.2.1994 for renewal of lease in favour of the Trust stands cancelled by this order.
ii. The Policy laid down under Government Resolution No. IND 1085/134222 CR No. 184/J-2, dated 5.10.1999 for renewal of the expired Gov. lease is made applicable in this matter as a Special Case and the lease is being renewed from the date 1.7.1983 in favour of Sir Adamji Peerbhoy Trust. The ground rent at the rate of 1% on 50% concessional value of the value calculated as per the market value prevailing at the time of expiry of the lease i.e. on the date 1.7.1983 shall be charged at the time of the renewal.
iii. The lease shall be renewed for the further period of 30 years from the date 1.1.1999 and for that purpose, the ground rent at the rate of 1% on the amount arrived at after calculating 50% concessional value of the land at the market rate prevailing on 1.1.1999 shall be charged as the said land would be used for hospital/religious purpose.
iv. The ground rent rate shall be hiked by 10% after every 10 years.
v. The State Government is hereby directed to accord permission to sub-lease the land for building Saifee Hospital.
vi. The documentation of the said lease shall be prepared by the Government Solicitor and Joint Secretary, Law and Judiciary Dept.
vii. 25 beds shall be reserved for Government employees in the Saifee Hospital.
viii. Sir Adamji Peerbhoy Trust and the Saifee Hospital Trust shall take precaution, while carrying out new construction for the Hospital to see that no, let or hindrance is caused to the religious place as well as the graveyard located there.
(It is important to note that Sayedna's trustees who claim to be religious went to the extent of demolishing the Mosque, then they tried to cut down the mosque area in the set back and finally they showed the open area of the mosque for garden. Similarly first they included the entire adjoining Bohra graveyard for construction of the Hospital, then they brought car-parking for hospital on that graveyard and finally they wanted cars run-way on that graveyard. The reformist objected strongly to all such devilish proposal. And therefore, the Supreme Court has strongly warned the Hospital Trust to due care to see that no let out or hindrance is caused to the Mosque and the graveyard. It is shame that the Supreme Court needs to remind our Sayedna the regard and respect which the religious places required.-Editor)
ix. While renewing the lease of Sir Adamji Peerbhoy Sanatorium due regard to be given to the convent, provisions and stipulations as are available in the lease deed of 1888 excepting, however, the rate of rent as mentioned hereinbefore.
16. We do feel it fit and proper to record that needful should be done to see that the solemn objects with which Sir Adamji Peerbhoy Sanatorium Trust was created are respected and in the same way the requirements of the Hospital also be met on essential terms, on the expectation of which this order is passed as above.
Parties are directed to bear their own costs.
.........................J
(S.B. Majmudar)
..............................J
(A.P. Misra)
..............................J
(Umesh C. Banerjee)
