Kolkata, March 23 The Calcutta High Court has appointed a Special Officer to ascertain facts before deciding on a petition moved by trustees of the Calcutta Zoroastrian Communitys Religious and Charity Fund (CZCRCF) seeking permission to sell a prime property in the city.
The prayer for permission to sell the property located on on 84, Lenin Sarani, has been challenged by one Khushru Zaiwala, leading to the appointment of the Special Officer.
According to senior advocate Mainak Bose, who appeared for the CZCRCF, there are 366 Parsi Zoroastr in Kolkata (as per 2022 records).
The primary objective of the Fund is to look after the welfare of the community. This includes accommodation, medical and educational requirements of its beneficiaries.
While expenses have increased, income primarily from rent has not gone up commensurately, Bose informed the court.
Hence, a decision was taken by the trustees, after discussions with community members, to sell the property on Lenin Sarani under the guidance of the high court.
It was also mentioned by Bose that the main source of income for CZCRCF is rent received from the premises on 52, Chowringhee Road.
However, over the last 3-4 years, demand for large commercial space in central Kolkata has declined with most businesses shifting to Rajarhat New Town where better amenities are available at cheaper rates, it was submitted.
CZCRCF further submitted that an area of about 16,000 square feet of the property on Chowringhee Road is now laying vacant. The rent has also dropped from Rs 110-115 per sq ft in 2018 to about Rs 80 per sq ft in 2022, it was claimed.
Khushru Zaiwala's counsel Rayomand Zaiwala, however, contended that there is a trend across the country to sell property by hiding profits.
He submitted that had CZCRCF advertised to let out the vacant flats on lease or licence basis, there would not have been any dearth of occupants.
He also submitted that CZCRCF didn't produce any audited accounts in support of its claim and that in the past, the Trust had sold properties on 10, Bow Street and 26, Sooterkin Street, apparently to meet housing needs of beneficiaries.
However, funds were not utilised for that purpose.
It was further submitted by Zaiwala that CZCRCF has sufficient funds and income. It is just to sell the property on Lenin Sarani that the Trust has moved the court and is attempting to mislead it.
After going through documents submitted by CZCRCF, Justice Krishna Rao observed that the petitioner has not been able to establish that rental income has reduced in any way.
The income and expenditure account also reveals no substantial drop in income, he observed.
Justice Rao then ordered the appointment of a Special Officer who will ascertain the present market rent of property around 52, Chowringhee Road and 84, Lenin Sarani.
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