IS IT TRUE THAT KERSI RANDERIA GETS ADVOCATE KAIKHUSHRU IRANI APPOINTED AS MANAGER OF PARSI LYING IN HOSPITAL?

We have reliably been informed of some distressing news regarding the BPP owned Parsi Lying in Hosital (PLIH).

Though Trustees of BPP are the Owners of PLIH, yet a Managing Committee (MC) without any legal sanctity runs the PLIH. This is in spite of there being nothing to manage, since the Hospital has been defunct without a single patient for last more than 40 years. In fact, even during the height of the Covid pandemic, the PLIH was not allowed to be used by the MC under the false pretext that a cost of Rs. 4 Crores was required to repair it for use.

Brief History
In 1924, the then Trustees of PLIH handed over all the land, building and all assets of PLIH lock, stock and barrel to the Trustees of BPP. Since then technically the PLIH ceased to exist as an independent Trust and was Merged into BPP. Yet the BPP Trustees allowed the MC to manage the Hospital which was functioning well at that time and mainly confined to 40 days stay for mothers after childbirth.

In 1950 when the Bombay Public Trust Act came into force, the Managing Committee members enrolled PLIH as a separate Parsi Charitable Trust without the knowledge of the Trustees who are the actual Owners of the Hospital and that has continued till date with the Managing Committee accepting that the Trustees of BPP are the Trustees and Owners of PLIH.

The present Managing Committee comprises of twelve members. However, it is just two or three of the members who run the Institution and have successfully run it into becoming a defunct property of the community. The community will recall that in the past, the Managing Committee attempted to sell away the PLIH at a throw away official price to one Khubchandani. This sale was challenged by Dinshaw Mehta and present Chairperson Armaity Tirandaz upto the Supreme Court of India, who using their own funds, successfully ensured the PLIH was not handed over to Khubchandani. Since then, it is now learnt that Khubchandani has been embroiled in various insolvency proceedings being unable to service the vast loans taken by him.

Shooting at the PLIH
The only source of Income of the PLIH since the past few years is the film shooting that has been permitted by the MC (not the Trustees of the BPP), which fetches the PLIH an income of a few lakhs for a few days of film shooting. Previously sale of well water used to provide some additional income which too has stopped since a few years. It is reliably learnt that the PLIH Managing Committee have made upto almost Rs. 1 Crore in revenue through film shooting. But none of it was passed on to BPP. However, where this revenue has gone no one knows as the accounts of the PLIH have not been tendered by the MC of PLIH to the BPP.

Mr Kaikhushroo Irani, the Cash Manager
Managing Committee members who do not wish to be named informed us that a few months back when their erstwhile Manager retired at salary of just Rs. 10,000/pm, Kersi Randeria insisted on the appointment of his garde du corps Kaikhushru Irani at a Salary of Rs. 25,000/ pm plus 15% commission on every film shooting episode. His appointment was done without the knowledge or approval of the other MC members.

We are also informed that as soon as the Hon’ble Dinshaw Tamboli learnt of the appointment of Kaikhushroo Irani as Manager, he forthwith tendered his resignation. It is rumored that other members of the PLIH Managing Committee are considering tendering their resignations as well in view of such a person being arbitrarily appointed by Kersi Randeria without approval of other members.

The PLIH instead of functioning as a hospital (which the Managing Committee is supposed to manage), has been converted into a film shooting studio with film or advertisement shoots taking place every week! The Government lease is to use the land for a hospital and not for film shooting. The Managing Committee are illegally using the space in breach of the terms of the Lease by permitting movie shoots. It is now for the Trustees of the BPP to decide whether they wish to take action against the Managing Committee as eventually should there be any mishap or untoward incident, the owners of the property (the Trustees of the BPP) will be held liable.

Besides this is a Heritage property and hence no film shooting may be permitted in Heritage structures. Also BMC Trade License is required for film shooting which PLIH does not have and which as per our inquiry will not be granted by BMC in Heritage property. Even police permission will now be denied once they are informed it is a Heritage property.

But the shocking part is that none of this Income generated is passed on to the Owners of the Hospital, the Trustees of BPP.

Equally shocking is of a practicing Advocate taking up private employment as Manager of PLIH. Kaikhushru Irani, though married to a Christain, with the active connivance of Kersi Randeria got a large flat allotted to him at Contractor Baug, Mahim by lying and deceit that he had lost the eviction suit of the Petit Trust. He has yet to pay the Rs. 40 lakhs to BPP promised by him and Randeria during allotment. Thus he is now in possession of two charity flats without paying the promised Rs. 40 lakhs. And now this individual, who was accused by his own sister of defrauding her of charity funds, is appointed as Manager of BPP property by Kersi Randeria.

Cash Happy
It is reliably learnt that unlike previously where payments for shootings were received only by cheque, the new Manager is cash happy and has been demanding cash payments of Rs. Rs. 25000/ from each shooting. Managing Committee members have been informed of this cash dealing by a dealer of film shooting, however, surprisingly no action has been taken till date. We have been informed that certain parties booking the PLIH have also filed written complaints of the cash demands being made by the new Manager, however everyone seems so afraid to speak against Kaikhushroo Irani as he has been appointed under the directions of Kersi Randeria. Chairman of the MC, Maneck Engineer is reported to be so disgusted by this siphoning of cash by the Manager that he is seriously considering winding up the MC

A few months back, the MC failed to reply to the Show Cause Notice issued by the Collector resulting in a Demand of around Rs. 4 Crores on PLIH. To file appeal 25% of the Demand has to be paid as Deposit. Kersi Randeria who was still a Trustee at that time forced BPP to file appeal and deposit about Rs. 90 lakhs in Court. It is time that BPP demanded back this Rs. 90 lakhs from the film shooting Income.

Midday of Wednesday 19th Oct 2022 has carried an article based on the recommendation of Medioma Bhada of Godrej Baug to hand over the PLIH property to Tatas to set up a secondary cancer treatment centre. Whilst the proposal to bring a defunct property to use is praiseworthy, it is learnt that the Trustees are negotiating with various groups to restore the hospital for general use by all communities provided the Managing Committee removes its tentacles from the hospital which it has kept for the last over 30 years but without any success.

It is time that BPP takes back possession of PLIH and brings it to community use. It is time for BPP Trustees to dismiss the MC and take over possession of the Hospital property and bring it to community/general use rather than let it rot as is being done by the present MC.

In 2013-14, the then Trustees had filed a Writ Petition in the High Court challenging the role of the MC once the property was handed over by the Trustees of PLIH in 1924 to BPP, but the same was withdrawn by Kersi Randeria once he was elected in 2015. Even the Chamber Summons filed by the MC was also withdrawn at same time so that their illegal occupation and exposure to funds continues till today.

It is hoped that the MC will voluntarily hand over to BPP the hospital property which it had held for the last forty years but without any benefit as a hospital to the community or any one else being a defunct property of no use to anybody.

Source: Parsi Junction