TRUSTEES PERMIT INSTALLATION OF A LIFT AT BUILDING NO. 24, KHAREGHAT COLONY
Building No. 24 in Khareghat Colony known as Nadirsha Dinsha Building No. 2 is in a dilapidated condition and requires major repairs.
Notice dated 14/2/2022 was served by BMC on Parsi Panchayat and on the residents of the Building. The Two storey Building has two flats per floor and total six flats. Flat on first floor was occupied by the Bhiwandiwalla sisters and on their demise, their servant Sharda Sonavane is in Occupation of their full flat.
One Rustom Bharucha, a Senior citizen, resides on the Second floor and by his letter dated 16-6-2022 submitted that he was aware that the Parsi Panchayat does not have the finances to carry out the repairs to the Building and accepts that the Parsi Panchayat will not contribute towards the repairs of the Building.
He further stated that he was hopeful that residents of the Building will contribute their prorata shares towards the cost of repairs. In the event the other residents do not contribute anything he is ready to bear the entire cost of repairs estimated to be around Rs.60,00,000/- but only on condition that he be allowed to install a lift.
The entire cost of purchase of the lift and its running and maintenance will be borne by Applicant. Both the repair work of the Building and the installation of the lift will be done only after obtaining prior approval of the Parsi Panchayat, the BMC and any other regulatory body as required.
The repair work of the Building will be undertaken by A.D Shintre Consultants who are well reputed for repair work on old buildings, who have already submitted a report which has been sent to the Parsi Panchayat and the Trustees are satisfied with the credentials of the Consultants and the said report.
The lift will be purchased from a reputed Company who will be responsible for its installation, commencement of its operation. These activities by the concerned company will be done under the supervision control and guidance of the Consultants.
The trustees suggested that the lift will be the property of the Parsi Panchayat. The Applicant agreed to the suggestion but only for the consideration of the trustees he is setting out problems that will be faced by the trustees and the Applicant if the lift is to be the property of the Parsi Panchayat.
After considering the various options whether the lift should be the property of the BPP or the Applicant, it was ultimately decided that the lift will be the property of the Applicant.
The Trustees suggested that though at this point of time there may not be other users of the lift, it should be made available to the future residents of the Building who may wish to use it. This suggestion was accepted by the Applicant but he is putting below for the consideration of the Trustees the following points:
i) One of the first floor flat is occupied by a lady called Sharda who was the servant of the then lawful residents of the flat who have expired and Sharda is in illegal possession of the same.
ii) The other first floor flat which is directly below the flat the Applicant is occupied by Ms. Mahrukh Driver who stays 10 months in a year outside of India.
iii) Ground floor residents will not require the use of the lift.
iv) If the lift is freely made available to all and sundry, it will be used by outsiders who are not even connected with any of the residents of the Building e.g. Vendors of eatables, house hold items, individuals, seeking donations.
v) If the lift is open to be used by general public it can also be a security risk.
vi) For security reasons operations of lifts which are not manned by a lift man in all building are switched off in the night so that no unknown person can use it.
If new residents occupy either one of the two first floor flats equity demands that they should pay pro-rata amount of maintenance and running cost of the lift and not get the lift’s use gratis merely because they are subsequent entrants. I am not even suggesting that they should pay pro-rata cost for the purchase of lift on its written down value at the point of time if and when such new entrants come as residents.
There can be conflict between the officer of the Panchayat and the new residents (who may come to occupy either of the two first floor flats at some future unknown dates) about the quality of the lift service.
If the lift is made property of the Panchayat any mishap to the lift or to any individual using it the liability emanating there from will squarely be on the Parsi Panchayat and the trustees jointly and severally.
The Applicant clarifies that the above mentioned problems are for the consideration of the trustees to decide whether or not they wish to consider as property of Parsi Panchayat and that future residents to the Building should get the use of lift free of charge. If the trustees insist on maintaining the said two conditions, even then the Applicant will abide by the verbal commitment given in the meeting of 26/6/2022.
At the end of the meeting the trustees verbally stated that they are giving in principle approval both to repairs to the building and to the installation of the lift and preparation of further documentations can be made between the legal department of the Parsi Panchayat and the Applicant.
OUR COMMENTS: The second floor tenant due to his frail health was ready to pay the full cost of installation as well as maintenance of the lift, in addition to bearing the full cost of repairs of Rs. 60 lakhs.
It is therefore suggested that occupants of second, third and fourth floor of all colonies like Cusrow Baug, Rustom Baug should come together and construct a lift for their personal use as it will be free of FSI and the Trustees will give their NOC without any charges. Further such lift facility will increase the value of their flats and if ever a situation arises to encash the Tenancy value of their flat, the resident is bound to receive much more than what he had spent to install the lift.
Source: Parsi Junction
