HC clears rdvpt of Jewish school in Mazgaon
MUMBAI, March 20 -- The Bombay High Court on Monday revived the long-stalled redevelopment of the century-old Sir Elly Kadoorie School in Mazgaon, modifying its 2011 order, which had called for fresh bids and directed maintenance of status quo, and allowing the project to proceed on the basis of a significantly enhanced offer by the developer.
A division bench of justices GS Kulkarni and Aarti Sathe noted that the contesting parties had arrived at a consensus, following which the developer submitted a revised financial proposal. The court recorded that the offer substantially increases the corpus fund, lease rent, allocation for furniture and fixtures, and the costs towards title clearance. The overall financial consideration has nearly doubled, marking a sharp upward revision from the earlier terms.
Modifying its previous order "in the interest of justice", the bench remanded the matter to the joint charity commissioner to evaluate the revised proposal and directed that the process be completed within six months.
The dispute dates back to the early 2000s, when Sir Michael Kadoorie- grandson of the school's founder- proposed a donation of $1 million (around Rs.4.5 crore at the time) through the Kadoorie Charitable Foundation (KCF) for the institution's redevelopment.
In 2004, despite the formation of a repair committee, the Trust later claimed that no funds were received from KCF and ended correspondence on the issue in 2006.
A year later, the school building and an adjoining chawl housing 24 tenants were declared "dangerous and dilapidated", raising safety concerns for students and residents.
The Trust subsequently invited bids, appointing Siddharth Greenacres Pvt. Ltd. as developer in 2009. In May 2010, the Charity Commissioner granted development permissions and a formal agreement was executed.
However, in 2011, nominees of the Kadoorie family moved the High Court, alleging that the $1 million donation offer had been suppressed before the Charity Commissioner to create a false sense of financial urgency.
In December 2011, the High Court set aside the charity commissioner's sanction, halted the redevelopment, and directed the Trust to invite fresh bids while maintaining status quo.
This order was subsequently challenged by the developer and the Trust, who argued that the donation was a "phantom offer" and could not be used to invalidate a legally executed development agreement.
Senior advocate Sharan Jagtiani appeared for the trust - Naushad Engineer, for Siddharth Greenacres Pvt. Ltd. Ors., and advocates Gauraj Shah and Raymond Gadkar for the beneficiaries....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.