Attempts to monetize the assets
of defunt anjumans have yet to fructify
Farrokh Jijina
"Are we still proud to be Zoroastrians?” queried Udvada High Priest and Zoroastrian representative on the National Commission for Minorities Dastur Khurshed Dastoor to those gathered on July 21, 2019, the second day of the annual general meeting (AGM) and executive council (EC) meeting of The Federation of the Parsi Zoroastrian Ajumans of India (FPZAI) at the Sir Navroji Vakil Hall in Ahmedabad. Having read out an extract from "Homage Unto Ahura Mazda, Prayer 22” (see pg 30) attributed to Dastur (Dr) Maneckji Dhalla, the High Priest of Karachi, Sind and Baluchistan (1875-1956), at the commencement of the meeting, Dastoor stated we cannot "continue to live on our heritage.”
Heritage was the focus of the discussions on that day — properties left behind by communities scattered over India during the previous two centuries. Aramgahs, dakhmas, land, places of worship and community institutions were created. Sale/utilization of these properties is now the focus of the Defunct Anjumans Committee (DAC) of the FPZAI. The intention to use the proceeds, if any, is purportedly for the needy of the local and general community and possibly to meet costs of litigation. The report of the DAC of the FPZAI took up much of the morning’s discussions. Parsiana carried in its August 7, 2019 issue, the proceedings of day one of the AGM. This report mainly covers day two. Till date not a single property has been sold.
On the main table from l: Pervez Irani, Cmde Medioma Bhada (retd), Farrokh Rustomji, Dastur Khurshed Dastoor,
Yazdi Desai, Sam Chothia, Brig Jahangir Anklesaria (retd), Tehmton Anklesaria
Clockwise from above l: Xerxes Dastur, Pareecheher Daviervala,
Pervez Mehta, Ariz Bokdawalla, Persi Buhariwala
"Can we not have a data base of all defunct properties?” suggested Bombay Parsi Punchayet (BPP) trustee Xerxes Dastur. This could be a tab on the (yet to be unveiled) refurbished BPP website. Baroda representative Baman Cama was apprehensive that making the list public would draw unnecessary attention and attract nay-sayers who could block their disposal. A proposal to revive the FPZAI newsletter, but in electronic form, where regular updates about defunct properties could be disseminated was brought up, but not concluded. "All I am asking for is regular updates,” summed up Dastur, to which FPZAI president and Bombay Parsi Punchayet (BPP) chairman Yazdi Desai concurred.
"He has got results!” wrote Desai about DAC chief executive officer Sam Chothia in a foreword on page one of the DAC report. But when the discussion moved to the proposed sale of land in Dharwar (Karnataka), North Zone vice president Tehmton Anklesaria stated, "Something is wrong, because no resolution is forthcoming.” At the AGM held on April 29-30, 2017 (see "Dealing with the defunct,” Parsiana, May 21, 2017), the members had approved the sale of 32,650 sq ft of land to Manasvi Constructions, who was the highest bidder at Rs 1,051 per sq ft, estimated to fetch approximately Rs 3.5 crores. "A revised offer was received on June 30, 2017,” stated the report, but no details were provided or discussed at the meeting.
"The goose was cooked in 2010,” noted Desai. In that year, a memorandum of understanding was reportedly signed between an assistant cashier of the BPP (reportedly named as "Parsi Punchayat Trust” in the document) and Shree Vishwanand Enterprises for the sale of the former aramgah land in Dharwar. Under that agreement a deposit/advance of Rs 70 lakhs was made by cheque. According to Desai, a further Rs 30 lakhs in cash was also allegedly received. The agreed sale price was allegedly Rs 1.25 crores, he stated.
Desai confirmed that Rs 70 lakhs is shown as a liability in the books of the BPP. Erstwhile BPP chairman Dinshaw Mehta, who attended the meeting as a representative of Bardoli, stated that the amount was spent in the normal course on the objectives of the BPP. When the party reportedly asked for a return of the deposit because the sale was stalled, there was reportedly no money with which to repay him. Both Pervez Mehta of Bardoli, who was honorary secretary of FPZAI in 2012, and Dinshaw stated that the sale was discussed in a DAC meeting of July 2012 where six BPP trustees (Dinshaw, Desai, Arnavaz Mistry, Khojeste Mistree, Armaity Tirandaz and Muncherji Cama) were present.
"Why did the BPP take the money and not FPZAI?” asked Persi Buhariwala of Vyara Songadh, to which Desai said, "The property did not belong to BPP or FPZAI...Chothia is (now) trying to get Rs 3.5 crores plus Rs 70 lakhs (ostensibly to return the deposit/advance).” "Our first priority should be to protect the graves... Let the BPP handle the Rs 70 lakhs,” advised South Zone vice president Cmde Medioma Bhada (retd). "Let us move onwards,” beseeched BPP trustee Viraf Mehta, to which Pareecheher Daviervala of Davier cautioned that "we will not be able to move ahead without satisfying Rajat Patil (of Shree Vishwanand Enterprises).”
To Desai’s observation that no change report has been filed with the state charity commissioner since 1972 for the Dharwar trust, Ahmedabad Parsi Panchayat chairman and host of the meeting Brig Jahangir Anklesaria (retd) wondered why it has taken so long to register the names of the office bearers of FPZAI as trustees of the local anjuman. "We are aware and are taking the necessary steps,” commented FPZAI honorary secretary Farrokh Rustomji. Legal consultant Maneck Kalyaniwalla who is a member of DAC was not present at the meeting.
Above: Rajkot aramgah (l); Neemuch dakhma (r)
top: entrance to Dharwar properties
When Dastur asked certain basic questions about the acreage, etc of the Neemuch (Madhya Pradesh) properties that the FPZAI intends to sell, Buhariwala commented, "Homework karri né aavanu (do your homework before the meeting).” To this, Dastur retorted, "If the teacher (allegedly, Desai) does not provide the books, how can we do the homework?” The Neemuch anjuman had earlier given control of its affairs to FPZAI (see "Faith in the Federation,” Parsiana, May 7, 2017). A public notice was issued by the district authorities in zilla Neemuch inviting offers for the sale of property called Cawasjee Mansion and another house numbered 104, both at Pustak Bazar Road in that town earlier this year. The public’s objections to the sale were invited by February 28. Bombay based lawyers Khushru and his son Rayomand Zaiwala filed an objection. Their letter called FPZAI a body "with intent to liquidate the trust properties of the Parsi Zoroastrian community all over India with mala fide intentions” (see "Neemuch property sale,” Events and Personalities, Parsiana, March 7, 2019).
When it was revealed that a fresh notice is to be issued for the sale of the Neemuch properties, with the contact number of local lawyer Ashwin Bhatnagar provided to answer local queries, Tehmton queried, "What is the role of the lawyer? What will he charge us?” Responses from interested parties have been invited to a post box in Bombay’s General Post Office. "I once again say I was not aware of this,” he reiterated. He later stated that he was not aware of the visits by Chothia and others to Neemuch, which is part of the North Zone.
In July 2018, the FPZAI had written to the divisional commissioner and district magistrate in Allahabad (Uttar Pradesh), seeking their assistance "to protect their dadgah land from being grabbed by the land mafia.” The DAC had, prior to the 2017 AGM, received a five-page correspondence from Allahabad resident Darius Ghandhi stating the two-acre property on which the Jalejar Shapoorjee Ghandhi Dar-e-Meher stands "belongs to their family and not the anjuman or any other trust… Chothia’s allegation that the property is being eyed by the local land mafia seems most preposterous” (see "Dealing with the defunct,” Parsiana, May 21, 2017). The DAC report noted that "in the lease deed it is mentioned that the government has given the agiary property for the use of the community for building an agiary…Legal opinion will be taken on the issue.” Again, cryptically, the DAC report states that legal opinion has been taken, with no details provided. A meeting is planned between Ghandhi and Chothia after September 28 this year.
At Harda (Madhya Pradesh), the FPZAI had filed an application in February 2011 to correct the government land records to reflect community ownership of the 23.5 acres of aramgah land. "The matter is still pending,” noted the DAC report. In 1959-60 one Sardar Arunsingh Passy (who reportedly now calls himself Parssy) had allegedly "somehow managed to get his name on the property card.” He later reportedly tried to develop plots on 10 acres and sold another 11 acres. The FPZAI is working out the "legalities and formalities... with the guidance of a solicitor,” noted the DAC report.
Jahangir had two questions for Dastoor: Can the government fast track all cases of trust property that are in courts? Can the government empower local special district magistrates to take punitive action in cases of encroachment of trust property? "Community property must be taken care of by ourselves,” responded Dastoor. Once a matter goes to court, government authorities can do little to assist. The High Priest conveyed that he was ready to assist all anjumans. "I will come with you to the (local) collector,” he offered. He stated that the Rajkot property that was recently in the news (see "Desecration in Rajkot,” Events and Personalities, Parsiana, July 21, 2019) has not been fenced. "When I was with the police commissioner of Surat for a case of encroachment on their Doongerwadi lands, he asked, ‘Where is the wall to protect your property?’”
The office bearers of the reportedly unregistered Bhopal (Madhya Pradesh) anjuman, where the unencroached aramgah lands measures 68,750 sq ft, have requested three lakh rupees from FPZAI to construct part of their compound wall. There has been "no further development in the matter” since the last FPZAI AGM, noted the DAC report. "Why not appeal to the community as a whole and large Parsi business houses for funds?” suggested Jahangir. "Why cannot anjumans present here help those in need?” countered Dastur. Government funds are available for protecting graves in Gujarat and Madhya Pradesh, affirmed the Brigadier. The anjuman in Vyara Songadh has been able to obtain funds for paver blocks for their property, Jahangir confirmed.
A draft suit to reclaim the two-acre allegedly "totally encroached” aramgah in Bina, also in Madhya Pradesh, has been sent to FPZAI’s lawyers. Though the title of the land there stands in the name of the government, a book called Parsi Dharmasthalo states that it was purchased by Parsis in 1900. "Aapre evidence collect karrsu [We will collect the evidence (of ownership)]” claimed Chothia.
Clockwise from above: lighter moments with Kutra ni puchhdi vanki;
Dastur Khurshed Dastoor (center) felicitating dramatist Yazdi Karanjia as
Veera Karanjia looks on; audience Photos of meeting and drama: Sarosh Daruwalla, Mazda Studios
Usage of land standing in the name of the government can be changed, stated Jahangir. He gave the example of a 2,750 sq m plot earmarked for cremation close to the Navroji Vakil Hall in Ahmedabad. On the directions of the Gujarat chief minister, the municipal corporation "changed the name to ‘Sarkar Shree (honorable government)’… It is worth Rs 60 crores… It will now be offered to the APP…We will be able to manage (to buy) it,” said Jahangir.
The seven trustees of the Igatpuri (Maharashtra) anjuman include Desai and ex-vice president of West Zone A Mancher Mubarakai (now replaced by Pervez Irani). The change report for the addition of Desai’s and Mubarakai’s name has been filed "and has been passed by the Charity Commissioner’s office on September 29, 2018,” noted the DAC report. Since four local trustees wish to resign, in a DAC meeting of June 2019, it was decided to add Chothia, Bhada, Tehmton, Rustomji and FPZAI honorary secretary and BPP trustee Noshir Dadrawala as trustees. Property in this western Maharashtra town includes an agiary, dharamshala and a tower of silence.
Meetings are scheduled with the sole trustee Hormazd Jalnawalla of the Nanded (Maharashtra) anjuman in August 2018, noted the DAC report. The report provided no details of acreage of the aramgah or area of the community hall and shops in this city.
The property of the two-acre Nadiad (Gujarat) aramgah ("with four graves surrounded by sewage water” according to Jahangir) has been "amalgamated” with that of the Khambat Agiary trust, stated the DAC report. An office bearer of FPZAI has been appointed as a trustee in the Khambat Agiary Trust. The Pestonji Modi Khambatwalla fire temple in Khambat (Gujarat) has "collapsed.” The nearly eight-acre property housing the unused dakhma, where the last consignment was in 1975, is "used for everything that is illegal or dirty or unofficial,” noted Jahangir. "We will make (the land) available to the community,” he emphasized. A 2014 proposal to change the usage of the dakhma land to an aramagah is being revived. "Resend your proposal to all five high priests,” regarding the proposed change, suggested Rustomji. The Udvada High Priest had stated earlier that all questions of a religious nature will now be answered by the five high priests jointly.
In June 2019, a first information report (FIR) has been filed against parties who allegedly dug up some graves in the Rajkot (Gujarat) aramgah. Besides the aramgah, an agiary, and two other properties — Damri Baug and Akhar Baug stand in this city. The day after the FPZAI meeting, Dastoor was to accompany Rajkot representative Khushman Tamboli to meet officials there.
The trustees of the Suvali-Damka (Gujarat) anjuman are reportedly non-cooperative, alleges the DAC report. No concrete results were noted despite Chothia’s "attempts to contact them many times.” The community property consists of a 10-acre plot of land in Damka and a dadgah and dharamshala in Suvali. A scheme has been filed to appoint an FPZAI office bearer as a trustee of the Deesa anjuman, also in Gujarat, where a two-acre tower of silence stands, as also a commercial complex.
"There is no need to intervene in the Hubli (Karnataka) anjuman matter… (they) have taken care of their property very well,” according to Chothia. The trustees who look after the 2.5 acre aramgah and the Hormusji Navroji Belgamvala Daremeher have kept the matter of the custodianship by FPZAI on hold. According to Bhada, "Hubli will look after itself.”
Revenue records relating to the two-acre aramgah plot in Yogapur village near Bijapur (Karnataka) have now been traced and are being translated from Kannada, reported Chothia. There is no encroachment to the property, he noted.
The 1.72-acre aramgah in Raipur (Chhatisgarh) is run by a reportedly unregistered trust. The DAC is filing a suit to ensure FPZAI trustees are being included in the local trust.
"We missed that!”
"How can we approve the accounts when there is no auditor’s report attached?” queried Dastur when the member anjumans were asked to "consider and approve the audited accounts” for two financial years (FY) — March 31, 2018 and 2019. Desai replied, "Yes, we missed that!” but confirmed that there would be no adverse remarks expected. The accounts for both years and the budget for 2019-20 (already filed with the requisite authorities) were approved, as proposed by Dastur and seconded by Borivili representative and now FPZAI’s honorary treasurer Khurshed Pastakia. H. D. Jain and Company will continue to be the auditors of the Federation.
Lower membership subscriptions received from anjumans in FY 2019 (Rs 13,102 vs Rs 52,756 in the previous year), led to a higher deficit of Rs 1,44,801 as against a deficit of Rs 87,987 for FY 2018. Investments in fixed deposits stood at Rs 19.64 lakhs. These deposits included Rs 16.56 lakhs specifically earmarked for the Annual Awards Fund and the Shiavax Nargolwala Memorial Fund for Women and Children. (The annual awards scheme of FPZAI is languishing.)
Is investment by a trust in mutual funds allowed? Dastur clarified that for trusts registered in Maharashtra, investments in specific equity-linked investments were permitted by the Charity Commissioner. "I will find out more details on whether the same is true for Gujarat,” he offered. On whether mutual funds were safe investments, Dastur said that in the long run, they appreciated. If an anjuman required the funds earlier, then mutual funds were not advisable.
On the Council
Seats are reserved for nominated members on the EC of FPZAI. No nominations were received from any North Zone anjuman for the five seats available to them. Existing anjumans Jabalpur, Mhow, Jhansi, Agra and Kanpur will continue, ruled Desai. "The managing committee in Mhow has been suspended by a court order… Should they be represented?” asked Pervin Jehangir of Ilav. When told that this was a matter for the North Zone to determine, she nevertheless stated, "Please record my objections to this.”
Three nominations were received from West B — Baroda, Bardoli and Bilimora for the two seats currently held by Nargol and Bilimora. Why should West B have only two seats despite having 31 anjumans, queried Dastoor and Jahangir. "This is as per the constitution,” noted Desai. With Bardoli withdrawing its nomination, Baroda and Bilimora were declared West B representatives. The two seats available to anjumans in West A held by Thana and Nagpur will now be taken by Borivili and Sholapur. IZA had nominated themselves too, but being a permanent member of the FPZAI, they were requested to withdraw. In the absence of nominations from South and East, Belgaum and Calcutta will continue with their seats on the EC.
Of the five coopted members on the EC, Faroakh Govadia of Nargol requested to be allowed to step down. Desai suggested the name of Daviervala. "She has political connections,” he said. "Cannot we have someone from outside?” mused Bhada. Since the rules allow any community member to be co-opted, Tirandaz suggested it could be a representative from Jiyo Parsi scheme. "Why not from the WZCC?” queried Dastur. "Continue with these five. Maybe next time…” said Desai, putting an end to the discussion.
Uniformity of views
"We need to firm up what we need to represent to the government on the proposed Uniform Civil Code,” Desai said. "Let us all be on the same page… The government cannot listen to everybody,” pleaded Dastoor. The matter will be discussed with senior lawyer Burjor Antia, confirmed Desai.
The Federation of Zoroastrian Youth Associations (FOZYA) will hold a youth seminar in Panchgani in December this year, noted their representative Ariz Bokdawalla. A new committee to lead the organization will be announced then, as the current office bearers Bokdawalla, Pearl Tirandaz and Mabrin Nanavatti all have attained the age of 40. "How do we get to know about the activities of FOZYA on an ongoing basis?” queried Daviervala. "Send an email to (FPZAI executive secretary) Cawas Panthaki and he will circulate it to all anjumans,” suggested Desai to Bokdawalla. Dastur advised Bokdawalla to rely on social media and personal contact. "Sending an email to the anjumans is the last way to reach the youth,” he stated. Rustomji offered to speak to the youth at the Panchgani seminar on behalf of the Zoroastrian Faculty Network which he is a member of, to mentor youth on overseas study opportunities.
The youth is unaware of the problems that the community is facing, noted Cama. "Revival of the community is as important as disposing of unused property,” he added.
Dastur’s suggestion to Desai for a press release on the two-day meeting was not taken up for discussion. The meeting ended with the presentation of a shawl to Jahangir and a vote of thanks for Jahangir and his team for their hospitality.
A staging at Thakorbhai Desai Hall on July 20 of Kutra ni puchhdi vanki (the dog’s tail is crooked) by Yazdi Karanjia and his troupe from Surat entertained the attendees on July 20.
Those present were: Brig Jehangir Anklesaria (retd) and Merzban Lahewala from Ahmedabad; Kaizad Sethna from Ankleshwar; Dinshaw Mehta and Pervez Mehta from Bardoli; Baman Cama and Rushad Cama from Baroda; Cmde Medioma Bhada (retd) from Belgaum; Rayomand Kerawala, Sarosh Ginwalla and Pilloo Ginwalla from Bharuch; Marazban Baria from Bilimora; Yazdi Desai, Armaity Tirandaz, Viraf Mehta and Xerxes Dastur from Bombay Parsi Punchayet; Khurshed Pastakia and Minoo Khan from Borivli; Yazdi Italia and Vistasp Katrak from Chikhli; Mancher Mubarakai and Shavir Roshni from Dahanu; Pareecheher Daviervala from Davier; Cyrus Engineer from Delhi; Ariz Bokdawalla and Cyrus Daruwala from FOZYA; Jammy Karanjia from Godhra; Pervin Jehangir from Ilav; Pervez Irani from Irani Zoroastrian Anjuman; Anahita Desai and Kerman Baliwalla from Jabalpur; Pervez Khergamwalla from Khergam; Hosi Bajina from Mahuva; Dara Guard and Pervez Mandviwalla from Mandvi; Percy Harver from Nargol; Khushman Tamboli from Rajkot; Tehmton Anklesaria from Ratlam; Dinshaw Patel, Rustam Palsetia and Zenobia Palsetia from Saronda; Homai Engineer from Vapi; Jamshed Dotivala and Yazdi Karanjia from Surat; Cyrus Medhora and Dara Jokhi from Tavdi; Percy Karani and Dara Wadia from Thana; Dastur Khurshed Dastoor from Udvada, Sam Chothia, Noshir Zaroliwala and Yazdi Laher from Valsad; Sayrus Kasad from Vansda; Feroze Modi from Vesu, Persi Buhariwala, Parvez Jokhi and Sam Dubash from Vyara Songadh. Farrokh Rustomji attended as honorary secretary. The press was represented by Parsiana.
Concluded
How they voted
As voting for the office bearers was by secret ballot instead of a show of hands, which anjuman voted for whom is not known. But according to reliable sources, the 16 anjmans that voted for Sam Chothia as West Zone B vice president reportedly were: Baroda, Bharuch, Bilimora, Davier, Gandevi, Godhra, Khergam, Mahuva, Mandvi Mangrol, Pardi, Saronda, Surat, Valsad, Vansda, Vesu and Vyara Songadh.
The nine anjumans who voted for Brig Jahangir Anklesaria (retd) were: Ahmedabad, Bardoli, Chikhli, Daman Vapi, Illav, Navsari, Nargol, Tavdi and Udvada.
Parsiana has not been able to verify the authenticity of the material.
"Keep us ever watchful”
Extracts from "Homage Unto Ahura Mazda, Prayer 22” attributed to Dastur (Dr) Maneckji Dhalla, the High Priest of Karachi, Sind 
and Baluchistan (1875-1956) (pictured) read out by Dastur Khurshed Dastoor:
"Our fathers have built the noble heritage from age to age by their patient labor, incessant efforts, hazardous adventures. They have worked near and they have worked afar, they have... enriched our community by wealth they brought by land and sea. They have sown and we reap; they have gathered, and we use.
"Our fathers have done their duty... Give us agile bodies, active minds and quickened hearts to play our part even as they have played theirs. Keep us ever watchful to guard our morals and the glorious edifice of our communal character that we may never besmirch the fair name of our community.”
Which constitution?
Extract from senior lawyer Fali Nariman’s (pictured) The state of the nation read out by Baman Cama from Baroda when elements of the FPZAI constitution were being debated. Discussions centered around which should prevail, the existing constitution or the modified one, unapproved by the Charity Commissioner:
"However good a constitution may be, it is sure to turn out bad because those who are called upon to work it happen to be a bad lot. However bad a constitution may be, it may turn out to be good if those who are called to work it happen to be a good lot. The working of a constitution does not depend wholly upon the nature of the constitution.”