As reported by Sukhada Tatke of TNN in timesofindia.indiatimes.com on 03 September 2008:
Juhu ground dug up despite BMC curbs -Mumbai-Cities-The Times of India

Juhu ground dug up despite BMC curbs

MUMBAI: Residents of Juhu have been protesting against a "charitable' ' trust selling off a plot-allotted to them on charitable grounds-to a builder for constructing a mall. They were in for a rude shock on Monday morning when they saw big machines and men digging the ground, even while the BMC has initiated proceedings under the regional and town planning rules. It has forbidden any activity on the site.

Sankalp ground-measuring almost 1.5 acres in plush Juhu-along with two other plots of similar area-was allotted to Bhanabhai Nenshi charitable trust for promoting educational activities in the 60s. After filing several RTI applications ,residents found that the three plots were allotted for a secondary school,public library and a community hall. They allege that so far nothing has been done on either ground. In fact, it was used for celebrations like dandiya and marriages.

"In 2004, we saw an advertisement in the paper that said the plot was for sale. We were surprised. The plot was given to the trust for promoting educational activities. How could they have sold it?'' asked Harshad Mehta, treasurer of the Gulmohar Residents Welfare Association. "That's when we started our investigation and the use of "fraudulent' ' means came to light,'' he added.

They found out that the transactions were carried out and the plot was sold. "However , permission was not obtained form the charity commissioner . Even after two years, when we asked the charity commissioner for the permission agreement through RTI, he said there was none,'' said Ashoke Pundit , chairman of the federation. "That means, they sold it off even while the permission was awaited. It is insane to have a mall in our area. Today, one ground is gone, it won't take too long for the remaining two grounds to be sold off for two more malls,'' he added.

Mehta said that this pattern of parceling off land acquired on charitable grounds is very common. "Why not? Fifty years ago, the rates were so low and exceptionally so, when a trust applied for charitable purposes like promoting education, arts and culture ,'' he added. According to Mehta, even while the plot remains unused, the trust is claiming that it does not have adequate resources and is seeking permission to sell it off. "Of course, needless to say, after more than 50 years, the rates have rocketed,'' he said.

When TOI visited the site on Monday, the BMC board that reads "proceedings under the MRTP Act are in progress and there is no permission for any kind of activity whatsoever' ' was still intact.

Assistant municipal commissioner Anil Khoje said that he stopped the work after residents complained and asked for papers from the builders and trustees to prove ownership. "They did not have the requisite permission to carry out work on the site though they said they had acquired it. They said they were only carrying out soil testing. They also said they were private owners of the land. So I have asked them to submit proof regarding ownership rights,'' he said. "We will have to verify documents first. Until then, work cannot be carried out on the ground,''he said.

After several calls were made, a trustee answered and did not disclose his name. He was asked about agreements, dates, reasons for why nothing was done for so many years, why they sold the land. "You have no authority to question me on the matter. I will not divulge any information. You can write what you want,'' he replied. When asked if he had the permission to sell the land, he said, "We sold the land three years ago. The charity commissioner gave us permission one year ago,'' he added.

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