Observing that the Poona Parsee Panchayat (PPP) had failed to prove its case, Joint Civil Judge (Senior Division) K. M. Jaisingani dismissed the petition of the PPP claiming that 8,600 sq ft of land in Lullanagar belonged to the trust. The court matter had lasted for 30 years, reported the Pune Times Mirror on February 6, 2025.
The PPP trustees had moved the court in 1994 against 10 residents of Sanas Classic, architect Iqbal Parekh and Sanas Builders’ Subhash Baburao Sanas claiming that they had encroached on Panchayat land. The land in Lullanagar, admeasuring over 23 acres adjacent to the Doongerwadi property, had been gifted to the PPP by Khansaheb Aspandiar Irani in the mid-20th century.
The PPP claimed that the defendants manipulated the land records to carve out a separate plot out of the trust’s lands. "The defendants managed to get the original sanctioned layout revised from the Poona Municipal Corporation (PMC)… (and) on the basis of such sanction, the city engineer (buildings) of PMC sanctioned the building plans for construction over the suit property.” In 1993 a public notice was issued in the newspapers objecting to the sale or development of the suit property, but the builder commenced construction. The PPP prayed for permanent injunction and damages of Rs 200 per day for illegal occupation of the property since 1993.
The defendants’ advocates argued that the plaintiffs have claimed ownership over the ‘entire property’ only on the basis of the gift deed. There was no encroachment because it was impossible to have an additional plot carved out from a sanctioned layout in 1954. "The measurements carried out in 1990 by the office of the district inspector of records, Poona, do not transpire encroachment over the land of the plaintiffs. The construction on the property is at the end stage. It is clear that the trust is owner of only 23 acres and 33 gunthas and not 23.821 acres as claimed. Accordingly, the plaintiffs have failed to prove ownership over the ‘entire property.’”
The judge agreed that "the PPP failed to prove that they are owners of the ‘entire property.’ They also failed to prove that the defendants have illegally made encroachment over the suit property… The required facts for succeeding in the suit for removal of encroachment have not been established by the PPP, and the plaint is dismissed.”
"We are studying the judgment,” PPP chairman M. K. Irani told the newspaper. "Based on its observation and other findings, we will take further line of action.”
Yezdi Motiwalla, former vice chairman of the trust, said, "It is indeed disheartening to learn that the PPP has lost a legal battle that spanned three decades. This outcome underscores the importance of due diligence, proper legal groundwork and timely action in any legal matter. Had the former trustees taken the necessary steps — such as filing an FIR and conducting a thorough case study — this situation might have been avoided.”
A PPP trustee when asked by Parsiana if the trust had issued a statement replied in the negative on March 10. S. V.