Andheri society in a fix over reopening of office with LTTE link
Residents of Apna Ghar society, where the 300 sq ft office is located, have moved court to stop the man who claims to have official permission to occupy the property today
Mumbai: A prime commercial property inAndheri , with a history of conflicts over it and an LTTE link, is once again the focus of a legal dispute. Seven years after a battle between two groups reached nowhere, a former claimant has appeared to occupy, ostensibly with official sanction, the 300 sq ft property in Lokhandwala’s Apna Ghar society.
Suresh Mariaswamy Marwar has claimed that the sealed property belongs to him, and that he has even acquired permission from the Office ofRegistrar of Cooperative Societies to occupy the space that is housed in Sunshine Apartments, in Apna Ghar society. The property had been locked and sealed in 1992 when two LTTE terrorists, who were hiding there, were arrested by central agencies with the help of the Mumbai police.
Lokhandwala Vyapari Mandal and an individual named Krishna Todankar -- staked claim to the space. The Lohkhandwala Vyapari Mandal actually broke the seal and spent about Rs 2 lakh on furnishing the office space. According to real estate experts, the property, though small, could easily fetch around Rs. 1.75 crore.
Even as the police sealed the property – once again – after dismissing the bogus claims of both parties, Marwar staked a claim to it. The dispute between Marwar and the society reached the Bombay High Court in 2012, but Marwar, the society claims, disappeared, only to resurface recently with an order from the deputy registrar that has asked Apna Ghar to make him a member.
According to the Registrar of Cooperative Societies, if the society refuses to grant membership to Marwar, it will take due action against it.
“Since the appeal by the society against the order of the deputy registrar was rejected by the joint registrar and the society has still not given membership to Suresh Marwar, we have deputed Sheetal Advaikar (from the registrar office) to take charge of the property,” the order dated November 11, 2016 reads.
“We have filed a fresh writ petition in the high court. This is completely illegal and the deputy registrar has no powers whatsoever to pass such an order when the case is pending in the high court. The society is the custodian of the interest of the member, and it cannot be handed over to anyone who is not related to its original owners.” said Rizwan Siddiquee, who is representing the Apna Ghar society.
According to Marwar’s advocate Ashok Maru, his client will be occupying the property on Monday.
“My client is a senior citizen, and we have been fighting for this property since the last 20 years. He purchased it from the original owner in 1995. We don’t know where the original owner is, but we have the original share certificate and the agreement copy that the society claims is forged. We are not being allowed to use the property that is rightfully ours. On Monday, once my client gets the possession, we will be filing a case of defamation against the society and will claim damages that run into crores of rupees.” Pratap Patil, deputy registrar of cooperative societies, could not be reached for comment.
Mumbai: A prime commercial property in
Suresh Mariaswamy Marwar has claimed that the sealed property belongs to him, and that he has even acquired permission from the Office of
The previous dispute over the property erupted in 2009 when, in the absence of the original owner, Nadrajan Kumar, two parties –
Even as the police sealed the property – once again – after dismissing the bogus claims of both parties, Marwar staked a claim to it. The dispute between Marwar and the society reached the Bombay High Court in 2012, but Marwar, the society claims, disappeared, only to resurface recently with an order from the deputy registrar that has asked Apna Ghar to make him a member.
According to the Registrar of Cooperative Societies, if the society refuses to grant membership to Marwar, it will take due action against it.
“Since the appeal by the society against the order of the deputy registrar was rejected by the joint registrar and the society has still not given membership to Suresh Marwar, we have deputed Sheetal Advaikar (from the registrar office) to take charge of the property,” the order dated November 11, 2016 reads.
“We have filed a fresh writ petition in the high court. This is completely illegal and the deputy registrar has no powers whatsoever to pass such an order when the case is pending in the high court. The society is the custodian of the interest of the member, and it cannot be handed over to anyone who is not related to its original owners.” said Rizwan Siddiquee, who is representing the Apna Ghar society.
According to Marwar’s advocate Ashok Maru, his client will be occupying the property on Monday.
“My client is a senior citizen, and we have been fighting for this property since the last 20 years. He purchased it from the original owner in 1995. We don’t know where the original owner is, but we have the original share certificate and the agreement copy that the society claims is forged. We are not being allowed to use the property that is rightfully ours. On Monday, once my client gets the possession, we will be filing a case of defamation against the society and will claim damages that run into crores of rupees.” Pratap Patil, deputy registrar of cooperative societies, could not be reached for comment.
