Three trustees of the Bombay Parsi Punchayet (BPP) have approached the Charity Commissioner to challenge the trust’s decision to convert leave-and-licence agreements for flats in its housing colonies into tenancy arrangements. The trustees argue that the proposal could threaten community-owned assets and weaken the “Parsi-Only Covenant” governing housing allotments.
In an open letter issued over the weekend, Anahita Desai, Adil Malia and Hoshang Jal said they sought regulatory intervention after discussions within the trust failed to resolve their concerns. They claimed that 38 questions concerning the legal, financial and structural consequences of the conversion remained unanswered.
The trustees also alleged that they had not been given access to important records, including original trust deeds and donor correspondence outlining the conditions attached to properties donated to the BPP. Despite their objections, the majority proceeded with registering the conversion agreements, prompting the three trustees to approach the regulator.
“The absence of a tenancy agreement alone is no reason to assume your home is at risk,” the letter said, adding that residents’ security and the preservation of BPP properties for future generations were both essential. It further cautioned against allowing popularity or electoral considerations to take precedence over responsible management.
The dissenting trustees said they remained willing to engage in discussions to find a solution that respected donors’ intentions while protecting the wider community’s interests.
The disagreement traces back to the 2022 BPP elections, when candidates promised to convert leave-and-licence arrangements into tenancies if elected. Four trustees subsequently approved the proposal at a board meeting on June 9.
BPP chairman Viraf Mehta has defended the initiative, arguing that tenancy agreements would protect residents from potential legal disputes. He has explained that leave-and-licence arrangements were originally adopted to safeguard the Parsi-only covenant and prevent non-Parsis from claiming tenancy rights in community housing.
The trust has also maintained that tenancy arrangements already cover most homes in its colonies, describing the proposed conversion as an extension of existing practice.
The BPP is a major property owner in Mumbai, overseeing nearly a dozen housing colonies, standalone buildings, a hostel, a dharamshala, a museum, a fire temple and the Tower of Silence cemetery on Malabar Hill. The Charity Commissioner’s response could prove significant for the trust’s housing policy and future management of its assets.
Source: The Free Press Journal
