The Bombay High Court has upheld the consent
terms filed in the Parsi Lying-In Hospital dispute
The Bombay High Court on April 30 upheld the consent terms filed by five of the Bombay Parsi Punchayet (BPP) trustees and permitted BPP chairman Dinshaw Mehta to challenge the order. No stay was given. Strictures were reportedly passed againt BPP trustee Armaity Tirandaz for signing the consent terms and then withdrawing.
Earlier an anonymous email had been circulating alleging the defunct PLIH premises in the Fort area are worth Rs 300 crores while the party leasing the property from the trusts will be paying only one crore a year as lease rent. The email alleges the six trustees [Arnavaz Mistry, Jimmy Mistry, Khojeste Mistree, Yazdi Desai, Armaity Tirandaz (she subsequently withdrew) and Muncherji Cama] in favor of the deal "are in (an) extreme hurry to sign… no tender or auction or advertisement given… better offers… obtained but (not entertained). Everyone needs to stop the sale… and object to this illegal transaction."
In a rejoinder app/email BPP trustee Yazdi Desai issued a clarification stating "The true market value would be around 70-80 crore (rupees).” The concerned property belongs to the collector and is leased to the Hospital. The lease has lapsed 20 years ago and not been renewed. There is a hospital reservation on the plot. The building is in an extremely dilapidated condition. The new hospital to be constructed would cost around 125 crores.

Parsiana sent an SMS to Mehta dated April 16, 2015 stating "you were initially in favor of selling (the PLIH) premises to Cathedral (and John Connon School) for Rs 35 crores. What is your position today?” Mehta phoned saying that he was in favor of selling the premises and put the value at over Rs 100 crores as the plot has a 6.5 FSI (floor space index). "We should sell it and use the money for creating a maternity ward at (The B. D. Petit) Parsee General Hospital (PGH) in the name of the PLIH.” The PGH maternity ward closed down due to a lack of Parsi births several years ago.
Mehta said in 2011 all the trustees termed the deal between PLIH and Krimson Health Private Limited (Krimson) fraudulent and filed a writ petition to cancel the lease. "Without public notice the lease should be cancelled,” he stated.
When told that the PLIH Managing Committee (MC) had told him to go ahead and place an advertisement/public notice, Mehta replied that the present lease with Krimson would first have to be put aside before fresh offers could be advertised for: "Who will bid and give a lakh of rupees as deposit” if there is a pre-existing lease? He terms the PLIH offer "a façade” and says instead the High Court should issue an advertisement. This would imply the present lease is stayed, Mehta claims. He noted that after the BPP filed the writ petition Krimson had increased the terms of compensation, including premises in the new structure to be given to the two trusts.
The Times of India dated April 6, 2015 quotes from Mehta’s affidavit which alleges the "approval of the Charity Commissioner (CC) was obtained fraudulently… The undue haste in the office of the CC and conduct of the MC of the Hospital clearly shows that there was a predetermined attempt to lease the land only to (Krimson) for reasons which are not far to see.”
The PLIH is managed by the trust’s MC but the property is owned by the BPP.
Desai notes, "The best orthopedic and neuro doctors will be part of the hospital. Ten percent free OPD (outpatient department) and beds will be reserved for the Parsi community. Around 70 to 80 knee replacement and other operations will be performed free every year by the topmost doctors of the country. Lease rent is directly linked to the revenue of the Hospital as a percentage and the Trust can get up to five crore (rupees) per year which can be used for free plastic knees (replacement), etc for the poor. The CC has given his sanction. The matter is now before the High Court. Even after trying for four years, no better offer has been received.”
Desai notes that aside from the above benefits around 3,000 to 5,500 sq ft office area plus parking, etc "will be given to the two (BPP and PLIH) trusts for their own use.”
Those who have signed the agreement include: Dr Rusi Soonawalla,
ex BPP chairman Minoo Shroff, ex BPP trustees, Maneck Engineer, late Dr Nelie Noble, Dinshaw Tamboly, Noshir Dadrawala, late Ratoo Dastur, prominent people like Yezdi Bhagwagar (CA), businessmen Dinyar Jamshedji, Mehernosh Currawalla, Kersi Randeria (owner of Parsi Times), Hoshang Khumbatta (ex senior vice president of Godrej), Rusi Khambatta (renowned architect),
Sam Jijina (partner of Mulla and Mulla) and Karl Tamboly (advocate).
Disclosure: Parsiana is a party to a suit for eviction filed by the BPP regarding the PLIH premises.